Created by Fuzzy Cloud

Patna High Court

Vivek KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.