Patna High Court

Chandan KumarversusThe State of Bihar

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

Holding

The court refused to grant bail to the petitioner.

Summary

Chandan Kumar was arrested on 18‑12‑2025 in connection with a fraud case (PS‑1136/2025) alleging that he obtained a loan in the complainant's name and linked his phone number to her Aadhaar, misusing an OTP. 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 the misuse of the OTP and Aadhaar linkage indicated his involvement in the crime. The court examined the allegations and the seriousness of the offences under Sections 319(2), 318(4), 351(2) and 3(5) of the BNS, 2023. Concluding that the petitioner posed a risk to the investigation, the judge refused the bail application.

Issues considered

Whether bail should be granted to the petitioner in light of the alleged fraud and misuse of the complainant's Aadhaar and OTP.

Legislation cited

BNS, 2023 — s. 318(4), 319(2), 3(5), 351(2)

Subjects

bail
fraud
OTP misuse
Aadhaar linking
criminal procedure
BNS Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11832 of 2026
                       Arising Out of PS. Case No.-1136 Year-2025 Thana- NAGAR District- Vaishali
                 ======================================================
                 Chandan Kumar S/O Late Ram Sagar Patel @ Ram Sagar Patel R/O
                 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

                   18.12.2025 in connection with Hajipur Town P.S. Case No. 1136

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

                   under Sections 319(2), 318(4), 351(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.11832 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

          during investigation 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.11832 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. 1136 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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