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2026 DAILYLAW 3206 (JHR)

MANOJ KUMAR GUPTA v. THE STATE OF JHARKHAND

B.A./329/2026 · 2026-04-02

Sri Ananda Sen

body2026

Judgment text

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2026:JHHC:9270 -: 1 :- IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 329 of 2026 ---- Manoj Kumar Gupta S/o Late Gopal Sahu, resident of Bank Colony, Duduriya, PO & PS Gumla, District Gumla, Jharkhand. .... Petitioner Versus The State of Jharkhand … Opposite Party ---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioner: Mr. Sankalp Goswami, Advocate For the State : Mr. Shashi Kumar Verma A.P.P. ---- 05/02.04.2026 By way of this bail application filed under Sections 483 & 484 of the Bharatiya Nagrik Suraksha Sanhita, 2023 petitioner has prayed for grant of bail as he is in custody for allegedly committing offence under Sections 409, 420, 467, 468 of the Indian Penal Code in connection with Bishunpur Police Station Case No.33 of 2017 corresponding to G.R. Spt. Case No.1014 of 2017, pending in the Court of the Judicial Magistrate 1st Class, Gumla. 2. Learned counsel for the petitioner and learned counsel for the State had argued their respective cases at length. 3. The First Information Report being Bishunpur Police Station Case No.33 of 2017 was registered on the basis of the written report of the informant. The allegation against the petitioner is that while he was posted as Branch Manager at Bishunpur Branch from 25.04.2009 to 20.07.2014, he defrauded the bank by tampering with official records and embezzled an amount of Rs.4,42,76,260.96. The allegation of embezzlement was based on mismatch between the amounts shown in the Audited Comparative Statement and the records of the Head Office. 4. Learned counsel for the petitioner submits that the petitioner is absolutely innocent and has committed no offence as alleged or at all. He submits that the petitioner was not directly responsible for handling cash or the transactions, as the same was the responsibility of the cashier. He submits that the petitioner has been implicated in the present case solely because he was the Branch Manager during the relevant period. He submits that the cashier has already been granted bail by this Court by an order dated 02.12.2019 passed in B.A. No.9191 of 2019. 5. Learned A.P.P. appearing for the State vehemently opposes the prayer for bail of the petitioner. 6. I have also gone through the available records including the First Information Report, the order passed by the Trial Court rejecting the 2026:JHHC:9270 -: 2 :- application for bail of the petitioner and the case diary. 7. Petitioner was earlier granted anticipatory bail by this Court by order dated 31.01.2020 passed in A.B.A. No.4091 of 2018, subject to the condition of him depositing an amount of Rs.1,20,00,000/-, which he could not deposit, which resulted in issuance of Non-Bailable Warrant. Challenging issuance of Non-Bailable Warrant, petitioner had preferred a writ petition before this Court being W.P.(Cr.) 800 of 2023 wherein the order issuing Non- Bailable Warrant was set aside by this Court by an order dated 03.11.2023. The Cashier, who is one of the prime accused, as there is allegation that he is also involved in defalcation and embezzlement of the amount, has already been granted bail by this Court. 8. From the records, it also appears that the petitioner had deposited an amount of Rs.2,32,87,279/- on 25.03.2019 itself. Chargesheet in this case has already been submitted and cognizance of the offence has also been taken. The petitioner has himself surrendered before the Trial Court on 27.08.2025 and since then he is in custody. 9. Considering the aforesaid facts and considering that the cashier, the other co-accused, has already been granted bail as also considering that there is no scope of tampering with the evidence since chargesheet has already been submitted and all the documents are with the prosecuting agency, I am inclined to grant bail to the petitioner. Petitioner, namely, Manoj Kumar Gupta, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st Class, Gumla, in connection with Bishunpur Police Station Case No.33 of 2017 (G.R. Spt. Case No.1014 of 2017), subject to the condition that one of the bailers must be a close relative of the petitioner having sufficient landed property in his own name within the State of Jharkhand. (Ananda Sen, J.) Ranchi, Dated, 2nd April, 2026 Kumar/Cp-03 Uploaded on 02.04.2026