Patna High Court
Sharwan Kumar @ Sarwan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the conditions imposed under Section 482(2) of the B.N.S.S.
Summary
Sharwan Kumar was implicated in a case alleging the preparation of forged Aadhaar cards and birth certificates at King Photo Shop, based on the confession of co‑accused Saurav Kumar who named him as the mastermind. The petitioner, a student with a clean record, denied any involvement, stating that no incriminating material was found on him and that he is not the shop owner. He sought anticipatory bail against charges under Sections 340(2), 338, 336(3), 318(4), 61(1) of the B.N.S. and Sections 66C and 66D of the Information Technology Act. The State opposed the bail, relying on the co‑accused’s statement. The Court, noting the general nature of the accusations, the petitioner’s clean antecedents, and lack of seized evidence, granted anticipatory bail with a bond of Rs 10,000 and two sureties, subject to Section 482(2) of the B.N.S.S. and a time limit of eight weeks from the order.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the co‑accused’s confession naming him as the mastermind
- Whether the petitioner’s clean antecedents and lack of material evidence justify bail under the applicable statutes
Legislation cited
- B.N.S. — s. 318(4), 336(3), 338, 340(2), 61(1)
- B.N.S.S. — s. 482(2)
- Information Technology Act, 2000 — s. 66C, 66D
Subjects
- anticipatory bail
- forgery
- Aadhaar
- Information Technology Act
- clean antecedents
- co‑accused confession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15306 of 2026
Arising Out of PS. Case No.-35 Year-2025 Thana- Cyber P.S. District- Lakhisarai
======================================================
Sharwan Kumar @ Sarwan Kumar S/o Sri Naresh Saw @ Naresh Sah R/o vill
- Salonachak, P.S.- Lakhisarai, Distt.- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ajay Kumar Thakur, Advocate
Mr. Purushottam Kumar, Advocate
Mr. Ritwaj Raman, Advocate
For the State : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-03-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 340(2),
338, 336(3), 318(4) and 61(1) of the B.N.S. and Sections 66(C)
and 66(D) of the I.T. Act.
3. As per prosecution case, on a secret information
that forged Aadhar card and birth certificates are being prepared
at King Photo Shop, a raid was conducted and one Saurav
Kumar, who happens to be owner of King Photo Shop, was
apprehended, who disclosed the name of this petitioner as the
master mind and who taught him the said work and also procure
Patna High Court CR. MISC. No.15306 of 2026(2) dt.23-03-2026
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customers.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
this case merely on the basis of confessional statement of
apprehended co-accused person, namely Saurav Kumar.
Petitioner is not owner of the photocopy shop in question and no
incriminating article has been recovered from possession of this
petitioner. Petitioner is a student and has passed B.Sc.
Examination in the year 2022. Petitioner claims clean
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.15306 of 2026(2) dt.23-03-2026
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each to the satisfaction of learned Chief Judicial Magistrate,
Lakhisarai in connection with Lakhisarai Cyber P.S. Case No.
35 of 2025, subject to condition as laid down under Section
482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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