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2026 DAILYLAW 16111 (PAT)

Sanjog Kumar Malik v. The State of Bihar

CR. MISC./24662/2026 · 2026-05-15

Ashok Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24662 of 2026 Arising Out of PS. Case No.-46 Year-2025 Thana- PAHARKATTA District- Kishanganj ====================================================== Sanjog Kumar Malik S/o Moti Mallick R/o House no. 104, Ashutosh Mukherjee Road, PS- Bhawanipore, Dist.- Kolkata, W.B. ... ... Petitioner/s Versus 1. The State of Bihar Bihar 2. Raj Shekhar Pandit S/o Ratan Lal Pandit Presently Branch Manager, Chattar Gachh, P.s.- Paharkatta, Dist.- Kishanganj, Permanently residing at vill - Faudarbasti, P.O - Thakurganj, P.S.- Thakurganj, Dist. - Kishanganj ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mritunjay Kumar, Advocate For the Opposite Party/s : Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 15-05-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Paharkatta P.S. Case no. 46 of 2025 instituted for the offence under Sections 318 (4), 316 (2), 316 (5) and 3(5) of the BNS. 3. The case of the prosecution is that co-accused, namely Abhishek Kumar Sah has defalcated Rs. 4,65,440 from different Jevika groups. Patna High Court CR. MISC. No.24662 of 2026(2) dt.15-05-2026 2/3 4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that from perusal of the FIR, it is clear that the name of this petitioner does not find place in the FIR and that his name was subsequently introduced on earlier FIR. It is further submitted that from perusal of the order passed by the learned trial Court, it would transpire that “from para 38 of the case diary, it appears that the petitioner was officer of the bank and he was present on several dates on which money was deposited by Jevika groups. From para 62 of the case diary, it appears that the case has been found true against the petitiojner ex-officer of the bank and two others.” It is further submitted that in this case co-accused, namely, Abhishek Kumar has already been granted bail by this Court vide order dated 05.08.2025 passed in Cr. Misc. No. 48702 of 2025 and the said Abhishek Kumar has undertaken to deposit the amount alleged to have been defalcated. 5. Learned APP appearing for the State opposed the prayer of bail of the petitioner stating that the petitioner has one criminal antecedent. 6. Having heard learned counsel for the parties and in Patna High Court CR. MISC. No.24662 of 2026(2) dt.15-05-2026 3/3 the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Paharkatta P.S. Case no. 46 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Kishanganj, subject to the conditions as laid down under section 438(2) of the Cr.P.C/ Section 482 (2) of the BNSS. Jagdish/- (Ashok Kumar Pandey, J) U T