Patna High Court
Hiral Lal YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSUL
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Hira Lal Yadav, applied for bail in a criminal case (PS Case No. 411 of 2025) alleging offences under Sections 303(2), 318(4) and 338 of the Bihar Negotiable Instruments Act, 2023, relating to alleged ATM card fraud. The informant claimed her ATM card was altered and money withdrawn, and the petitioner was arrested in possession of thirty ATM cards, including the informant's. The court considered the seriousness of the alleged fraud and the possession of multiple cards as factors against granting bail. Consequently, the bail petition was rejected, with the court directing that a fresh application may be filed after six months. The court clarified that its observations were prima facie and limited to the bail application, not affecting the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 303(2), 318(4) and 338 of the Bihar Negotiable Instruments Act, 2023
- Whether the possession of multiple ATM cards, including the informant's, justifies denial of bail
Legislation cited
- Bihar Negotiable Instruments Act, 2023 — s. 303(2), 318(4), 338
Subjects
- bail
- ATM fraud
- criminal procedure
- Section 303
- Section 318
- Section 338
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13862 of 2026
Arising out of PS. Case No.-411 Year-2025 Thana- CHENARI District- Rohtas
======================================================
Hira Lal Yadav. Son of Sudarshan Yadav, Resident of Village- Sundari, P.S.-
Belawn, District- Kaimur (Bhabua), Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
6 25-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Chenari P.S. Case No.
411 of 2025 registered for an offence under Sections 303(2),
318(4) and 338 of BNS, 2023
3. The allegation is that the informant was duped. Her
ATM Card was changed and money was withdrawn.
4. Considering that the petitioner was arrested along
with thirty ATM Cards which includes the ATM Card of the
informant, this court is not inclined to grant bail to the
petitioner.
5. Accordingly, the prayer for bail of the
petitioner is rejected.
6. The petitioner may renew his prayer for
Patna High Court CR. MISC. No.13862 of 2026(6) dt.25-05-2026
2/2
bail after six months.
7. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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