Raushan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8970 of 2026 Arising Out of PS. Case No.-235 Year-2025 Thana- Kalibagh District- West Champaran ====================================================== Raushan Mishra S/o Gaurendra Mishra @ Gorandra Kumar Mishra R/o Village- Sikta, Police station- Sikta, District- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Kishor Mishra, Adv.

For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-03-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Kalibagh P.S. Case No.235/2025, registered for the offences punishable under Sections 338, 336(3), 340(2), 316(2), 318(4) and 3(5) of the B.N.S., 2023.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that during internal audit on 17.07.2025, it came to notice that an amount of Rs.10 lacs in the name of customers for purchasing two wheeler were sanctioned fraudulently without the knowledge of the customers, further during enquiry, it transpired that Prince, Manish, Vikash and Adarsh, all employees of Bajaj Finance had got the fraudulent loan

Patna High Court CR. MISC. No.8970 of 2026(2) dt.24-03-2026 2/3 sanctioned, further petitioner, Premchand and Abhay who are dealers accepted their guilt in the occurrence.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant being a dealer. It is next submitted that no doubt some amount was credited in the account of the petitioner but then petitioner on dictate of Adarsh returned the amount in the account of Anmol Raj and Chaman Kumar.

5. Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner and submits that from perusal of the allegation as alleged in the FIR, it would manifest that informant who works for Bajaj Finance Company has alleged that during internal audit, it transpired that employees of Bajaj Finance Company in connivance with the dealers including the petitioner are involved in fraudulent transaction of getting loan sanctioned in the name of customers and thereafter the money was credited in the account of the dealers and from there it was routed to different persons including the employees, as such it is submitted that even dealers were aware that fraudulent transactions are taking place. It is next submitted that if any amount was credited in the account of the petitioner with regard to loan sanctioned in the

Patna High Court CR. MISC. No.8970 of 2026(2) dt.24-03-2026 3/3 name of customers and in lieu whereof no purchase of any vehicle was made in that event the bonafide of the petitioner could have been established if the money was returned to the company or the company was made aware but then the same was not done rather in the FIR, it is alleged that petitioner accepted his guilt. It is also submitted that investigation in the case is continuing.

6. Considering the submissions made by the learned APP, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

7. The anticipatory bail application of the petitioner is rejected.

(Satyavrat Verma, J) amit/- U T