Sahanu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29221 of 2025 Arising Out of PS. Case No.-249 Year-2024 Thana- BEERPUR District- Begusarai ====================================================== Sahanu Kumar S/o Navin Kumar Mishra R/o Mohalla- Mahaddipur Kasim Bazar, P.S.- Kasim Bazar, District- Munger.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Shubhesh Pandey, Advocate For the State :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Birpur P.S. Case No.249 of 2024, dated.09.12.2024 registered for the offences punishable under Sections 318(4), 338, 336(3), 340(2) of the B.N.S., 2023.
3. As per allegation, the informant is a finance company and the accused petitioner was a Relation Officer from 25.07.2022 to 27.07.2024. It is further alleged that through him, 81 loans have been released to wrong persons with intent to mis-appropriate the loan amount. The due loan amount of Rs. 14,82,957/- is intended to be mis-appropriated.
4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that admittedly, he was a Relation
Patna High Court CR. MISC. No.29221 of 2025(2) dt.12-05-2025 2/3 Officer in the company from 25.07.2022 to 29.07.2024 and for the initial seven months, he was working as an apprentice. He further submits that he has nothing to do with the sanction of any loan by the informant/company and he has no role in giving any loan to any customers. He further points out that in the written report, there is no allegation that any amount has been misappropriated nor has he given any details how the petitioners have played role in release of the loans in question. He further submits that as a matter of fact, when the petitioners asked the informant/company for the due amount of salary and the certificate of experience, they refused, and hence, the petitioners were constrained for a Legal notice to the finance company and hence, this false case has been lodged against the petitioners.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioners have no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioners for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners, above-named,
Patna High Court CR. MISC. No.29221 of 2025(2) dt.12-05-2025 3/3 to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Birpur P.S. Case No.249 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J.) Chandan/- U T