Patna High Court

Chandan KumarversusThe State of Bihar

Decided: 29 April 2026
Disposal: REJECTED
Bench: RAJESH KUMAR VERMA

Holding

Bail was refused as the petitioner was not entitled to release pending trial.

Summary

The petitioner, Chandan Kumar, was arrested on 15 December 2025 in connection with a fraud case (PS Case No. 1383 of 2025) alleging misuse of the complainant's Aadhaar and OTP to obtain a loan. He applied for bail, claiming innocence and that the FIR lacks specific details and is fabricated. The prosecution, represented by the Additional Public Prosecutor, argued that diary entries show the petitioner linked his phone number to the complainant's Aadhaar, indicating involvement. The court examined the allegations and the lack of convincing evidence to justify release. Considering the seriousness of the offences and the material in the case diary, the judge declined to grant bail. The petition for bail was therefore refused.

Issues considered

Whether the petitioner is entitled to bail in the fraud and related offences under the BNS, 2023.

Legislation cited

BNS, 2023 — s. 318(4), 319(2), 336(3), 338, 340(2), 3(5)

Subjects

bail
fraud
Aadhaar misuse
OTP misuse
criminal procedure
BNS 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11733 of 2026
                       Arising Out of PS. Case No.-1383 Year-2025 Thana- NAGAR District- Vaishali
                 ======================================================
                 Chandan Kumar S/O Late Ram Sagar Patel @ Ram Sagar Patel village/Town-
                 Kahar Toli, P.S.- Town Hajipur, Dist-Vaishali

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Aniket Singh, Advocate
                 For the Opposite Party/s :        Mr. Jagdhar Prasad, APP
                 For the Informant /      :        Mr. Jaspal Rana, Advocate
                 Complainant
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   29-04-2026                     Heard Mr. Aniket Singh, learned counsel for the

                   petitioner,     Mr.        Jaspal   Rana,     learned      counsel      for      the

                   informant/complainant and Mr. Jagdhar Prasad, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   15.12.2025 in connection with Hajipur Town P.S. Case No.

                   1383 of 2025, F.I.R. dated 27.11.2025 for the offences

                   punishable under Sections 319(2), 318(4), 338, 336(3), 340(2)

                   and 3(5) of the BNS, 2023.

                               3. According to prosecution case, this petitioner along

                   with other accused persons have committed fraud with the

                   informant/complainant by taking loan amount in her name. It is

                   further alleged that this petitioner has linked his phone number
Patna High Court CR. MISC. No.11733 of 2026(4) dt.29-04-2026
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          with the Aadhar Card of the informant/complainant.

                      4. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case. The allegation as alleged in the FIR/complaint

          petition is false and fabricated and the petitioner has not

          committed any offence as alleged in the FIR/complaint petition.

          From perusal of the FIR/complaint petition it appears that the

          informant/complainant has not mentioned the specific date and

          time of the alleged occurrence and the amount in question is the

          loan amount and she has filed false case against the petitioner

          and the petitioner has no concern at all with the present

          occurrence.

                      5. The learned counsel for the informant/complainant

          as well as learned Additional Public Prosecutor have

          vehemently opposed the prayer for bail of the petitioner and

          submits that it has come during investigation that the petitioner

          misused the OTP of the informant/complainant and it has come

          in paragraph no. 35 of the case diary that the petitioner has

          linked his phone number with the Aadhar Card of the

          informant/complainant which suggest that the petitioner is

          involved in the present crime in question.

                       6. Considering the aforesaid facts and circumstances,
            Patna High Court CR. MISC. No.11733 of 2026(4) dt.29-04-2026
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                      I am not inclined to enlarge the petitioner on bail in connection

                      with Hajipur Town P.S. Case No. 1383 of 2025 pending in the

                      court of learned CJM, Vaishali at Hajipur.

                                   7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T

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