Patna High Court
Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing release on a bail bond of Rs.10,000 with two sureties.
Summary
Vivek Kumar was arrested in connection with a case registered under Sections 318(4), 338 and 336(3) of the Bihar Negotiable Instruments Act, 2023, alleging that he, along with co‑accused Ravi and Vikas, defrauded an informant by transferring large sums of money and purchasing a gold chain. The petitioner contended that he was falsely implicated, that the primary allegations targeted the co‑accused, and that no material was recovered from his possession. He also highlighted his clean record and the fact that similar co‑accused had been granted bail in a related matter (Cr. Misc. No.11556 of 2026). The State opposed bail, arguing the seriousness of the offences. After hearing both sides, the Patna High Court found no sufficient ground to deny bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences under Sections 318(4), 338 and 336(3) of the B.N.S., 2023.
- Whether the allegations against the petitioner are substantiated enough to justify continued custody.
Subjects
- bail
- cheating
- fraud
- criminal procedure
- Patna High Court
- East Champaran
- Bihar Negotiable Instruments Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11225 of 2026
Arising Out of PS. Case No.-490 Year-2025 Thana- PAHARPUR District- East Champaran
======================================================
Vivek Kumar S/o Dilip Yadav Resident of Village- Vrit5 Ram Nagar, P.S.-
Paharpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar No.III, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 10-04-2026 Heard learned counsel for the petitioner and the learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Paharpur P.S. Case No. 490 of 2025 registered for the
offence punishable under Sections 318(4), 338, 336(3) of the
B.N.S., 2023.
3. The case of the prosecution, in short, is that the
Vivek Kumar (the petitioner), Ravi and Vikas, three persons
assured the informant of providing employment and on this
instance, a savings account was opened in Small Finance Bank.
On 10.09.2025, Rs. 9,50,500/- was credited to the account of the
informant. It is further alleged that all the named accused
persons arrived and Ravi Kumar told him to transfer five lakh
rupees to another account, which was transferred by the
Patna High Court CR. MISC. No.11225 of 2026(3) dt.10-04-2026
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informant. After that, from that account, the informant withdrew
five lakh rupees and handed it over to Ravi and Vikas. It is
further alleged that Ravi again told the informant to transfer
three lakh rupees into the account of Bhim Kumar; the same
was transferred by him. It is further alleged that Ravi Kumar
purchased a golden chain of Rs. 79,382/- and the same was paid
by him and after that the accused persons have stopped
contacting the informant and they are not picking up the phone
of the informant.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this case.
He also submits that from perusal of the FIR, it is clear that the
main thrust of the allegation is against co-accused, Ravi and it is
also clear that regarding Four lakh rupees, it is stated that from the
Bank of Baroda, this sum was withdrawn on the instruction of co-
accused, Ravi and after that, the same was handed over to Ravi
and Vikas. He also submits that from perusal of the order of the
learned trial court, it transpires that nothing has been recovered
from the possession of this petitioner rather the recovery has been
made from the house of co-accused Ravi Kumar and Sunny
Kumar. He further submits that similarly situated co-accused
persons have been granted bail by this court vide Cr. Misc. No.
Patna High Court CR. MISC. No.11225 of 2026(3) dt.10-04-2026
3/3
11556 of 2026. Moreover, the petitioner has no criminal
antecedent and he is languishing in judicial custody since
20.09.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned Additional Chief
Judicial Magistrate-IX, East Champaran, Motihari in connection
with Paharpur P.S. Case No. 490 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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