Patna High Court
Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioner.
Summary
Ajay Kumar was accused of fraudulently manipulating Aadhaar and Voter ID details of 142 women to obtain loans amounting to Rs. 59.64 lakh from Spandana Sphoorty Financial. The prosecution relied on an internal audit report alleging document tampering, false thumb impressions, and misappropriation of Rs. 4.55 lakh. Kumar applied for anticipatory bail, contending he had no authority to open accounts or verify documents and merely processed loans per company procedures. The State opposed the bail, emphasizing the seriousness of the offences under the Bharatiya Nyaya Sanhita. The Patna High Court, considering the gravity of the alleged fraud, denied anticipatory bail and ordered Kumar to surrender within four weeks to seek regular bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged fraud involving manipulation of Aadhaar and Voter ID documents.
- Whether the petitioner had the authority to alter or falsify loan documents, affecting liability under the charged sections.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 336(3), 336(4), 338, 340(2), 3(5)
Subjects
- anticipatory bail
- loan fraud
- Aadhaar manipulation
- Voter ID fraud
- Bharatiya Nyaya Sanhita
- high court order
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12929 of 2025
Arising Out of PS. Case No.-105 Year-2024 Thana- PAROO District- Muzaffarpur
======================================================
Ajay Kumar S/o Suresh Sahni R/o vill- Tikulliya, P.S- Paru, Dist- East
Champaran
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Mohmmed Akbar Badshah S/O - Md. Samsuddin, R/O - Paroo Chowk istith
Mohammad Saiem pita Modhammad Wazir ke makaan, Paru P.S.
Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Eashita Raj, Advocate
Mr. Anuj Kumar
For the Opposite Party/s : Mr. Rajendra Nath Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 10-03-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Paroo P.S. Case No. 105 of 2024 registered for offences under
Sections 318(4), 338, 336(3), 336(4), 340(2) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case is based on a written report by
Md. Akbar, Cluster Manager at Spandana Sphoorty Financial
Co. Ltd., which provides small loans to rural women. An
internal audit revealed that the petitioner, Ajay Kumar
manipulated the Aadhaar and Voter ID cards of 142 women to
obtain loans totaling Rs. 59,64,000/-. It is alleged that his
Patna High Court CR. MISC. No.12929 of 2025(5) dt.10-03-2026
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cousin, Nitish Kumar, assisted by altering photographs and
addresses on the documents and disbursing small amounts (Rs.
500–1,000) after collecting thumb impressions from the account
holders. When questioned, Ajay Kumar fled, and his father
admitted he would repay the money by selling his land.
Additionally, Rs. 4,55,000/- collected from the women was not
deposited into the bank.
4. The learned counsel for the petitioner submits that
the petitioner had no authority to open bank accounts or to
verify the authenticity of documents submitted by the
borrowers. She further submits that the role of the petitioner was
strictly confined to processing loans in accordance with the
company’s established procedures and the petitioner did not
have any authority to alter, manipulate, or falsify any
documents.
5. The learned APP for the State has vehemently
opposed the prayer for bail.
6. Considering the nature and the gravity of the
offence, this Court is not inclined to grant the privilege of
anticipatory bail to the petitioner in the present case.
7. Accordingly, the application for anticipatory bail is
hereby rejected.
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8. The petitioner is directed to surrender in the court
below within a period of four weeks from today and seek
regular bail, failing which the Senior Superintendent of Police,
Muzaffarpur will take all steps for the arrest of the petitioner.
9. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
10. Let a copy of this order be communicated to the
Senior Superintendent of Police, Muzaffarpur through FAX or
e-mail for immediate compliance.
(Sandeep Kumar, J)
Shishir/-
U
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