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Patna High Court

Ajay KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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.
            Patna High Court CR. MISC. No.12929 of 2025(5) dt.10-03-2026
                                                        3/3




                                   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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