Madhav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42053 of 2026 Arising Out of PS. Case No.-363 Year-2025 Thana- NARPATGANJ District- Araria ====================================================== Madhav Kumar S/o Surya Narayan Yadav Resident of Village- Dhailarh, Tola Inarwa, P.S.- Chausa, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kishore Bharti, Adv.
For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-07-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Narpatganj P.S. Case No. 363 of 2025 lodged on 08.10.2025, for the offence punishable under Sections 319(2), 318(4), 316(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against five named accused persons including the present petitioner. It has been alleged by the informant that all the accused persons have defalcated a total amount of Rs. 97,590/- (Rupees Ninety Seven Thousand Five Hundred Ninety) of Adi Chitragupta Finance Ltd.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and he has no criminal antecedent. Counsel submits that the petitioner was
Patna High Court CR. MISC. No.42053 of 2026(2) dt.01-07-2026 2/3 working as Deputy Branch Manager, Narpatganj Branch, District- Araria, having Employee ID:- PAC000468. Counsel submits that the allegation of defalcation of money against the petitioner and other accused persons has come by virtue of internal audit report. He submits that the deficiency of Rs. 54,010/- (Rupees Fifty Four Thousand Ten) has been found against the petitioner during audit. Counsel submits that as soon as the audit report came, the petitioner has deposited Rs. 47,517/- (Rupees Fourty Seven Thousand Five Hundred Seventeen) in cash in the branch itself and only Rs. 6,493/- (Rupees Six Thousand Four Hundred Ninety Three) is due.
Counsel submits that the petitioner is ready to deposit the said due amount and in addition to that, he also submits that since last two months, the petitioner has not received his salary which comes at the tune of Rs. 61,500/- (Rupees Sixty One Thousand Five Hundred) and therefore, the said amount may be deducted from his salary. He further submits that three co-accused persons have already been granted anticipatory bail by the Coordinate Bench of this Court vide order dated 27.04.2026 passed in Cr. Misc. No. 26715 of 2026 (annexed as Annexure-P/2).
5. Learned APP for the State opposes the prayer for bail of the petitioner but fairly submits that out of total
Patna High Court CR. MISC. No.42053 of 2026(2) dt.01-07-2026 3/3 defalcation amount against the petitioner, he has already deposited Rs. 47,517/- and only Rs. 6,493/- is due.
6. In the present facts and circumstances of this case, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of C.J.M., Araria, in connection with Narpatganj P.S. Case No. 363 of 2025, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023 with further condition that:- (i) the petitioner shall deposit Rs. 6,493/- (Rupees Six Thousand Four Hundred Ninety Three only) in the name of Adi Chitragupta Finance Ltd., Narpatganj Branch and he shall produce the proof of the same with his bail bond before the trial court and then the trial court upon being satisfied that the said amount has been paid/deposited, shall accept the bail bond of the petitioner.
(Dr. Anshuman, J) Divyansh/- U T