Patna High Court
Dhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner with conditions of a Rs.25,000 deposit and a Rs.10,000 bail bond with two sureties.
Summary
The petitioner, Dhiraj Kumar, applied for bail in a case registered as Ramgarhwa P.S. Case No. 429 of 2025, alleging offences under Sections 318(4) and 303(2) of the Bihar Negotiable Instruments Act. The informant claimed that his ATM card had been swapped and that Rs.1,15,428 was illegally withdrawn from his account, with a further Rs.25,000 withdrawn via a POS machine that CCTV allegedly identified the petitioner. The petitioner contended that he was not the person who used the informant’s ATM card and that the FIR did not identify him in the alleged ATM transaction, though he was shown in the POS footage. The State and the informant opposed bail, asserting that the petitioner had indeed withdrawn the Rs.25,000 from the informant’s account. After hearing both sides, the court granted bail on the condition that the petitioner deposit Rs.25,000 and furnish a bail bond of Rs.10,000 with two sureties, pending the final outcome of the case.
Issues considered
- Whether bail should be granted to the petitioner accused of offences under Sections 318(4) and 303(2) of the Bihar Negotiable Instruments Act in connection with alleged fraudulent withdrawal of funds.
Legislation cited
- Bihar Negotiable Instruments Act — s. 303(2), 318(4)
Subjects
- bail
- fraud
- ATM card fraud
- POS transaction
- criminal procedure
- Sections 318
- Section 303
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15830 of 2026
Arising Out of PS. Case No.-429 Year-2025 Thana- RAMGARHWA District- East
Champaran
======================================================
Dhiraj Kumar Son of Mukesh Prasad @ Mukesh Kumar R/o Village - Kanti
Tiwary Tola, P.S. - Kanti, Dist. - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
For the Informant : Mr. Madhurendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 23-04-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner has prayed for bail in connection
with Ramgarhwa P.S. Case No. 429 of 2025 registered for the
offence punishable under Sections 318(4) and 303(2) of the
BNS.
3. The case of the prosecution, in short, is that the
informant has gone at the ATM for withdrawing cash. It is
further alleged that his ATM card was changed by the certain
miscreants and he was given the ATM card of one Shagufta Javi.
It is further alleged that on 25.10.2025, the informant came to
know that he has been cheated and from 23.10.2025 to
25.10.2025, altogether Rs.1,15,428/-, illegally withdrawn from
Patna High Court CR. MISC. No.15830 of 2026(3) dt.23-04-2026
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his bank account. On 25.10.2025, the informant blocked his
ATM card.
4. Learned counsel appearing on behalf of the
petitioner has submitted that from perusal of the FIR, it is clear
that the petitioner was not identified in the ATM, where it is
alleged that he has exchanged the ATM of the informant. During
course of investigation, in para 36 of the case diary it has come
that the petitioner has withdrawn Rs. 25,000/- through POS
machine from a petrol pump and in the CCTV footage he was
identified. Learned counsel for the petitioner submits that he has
not withdrawn any amount.
5. The application for bail is opposed by learned
counsel for the informant and learned APP for the State and
submitted that during investigation at para 18 and para 36 of the
case diary it has come that the cash which was withdrawn
through POS machine from a petrol pump was withdrawn from
the bank account of the informant and the petitioner was
identified in CCTV footage. So, this much is clear that Rs.
25,000/- has been withdrawn by the petitioner from the bank
account of the informant.
6. Learned counsel for the petitioner submits that
he is ready to return the same.
Patna High Court CR. MISC. No.15830 of 2026(3) dt.23-04-2026
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7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the condition
that the petitioner shall deposit Rs. 25,000/- at the time of
submission of his bail bonds in the court/ Nazarath, subject
to the final result of the case. The above named petitioner is
directed to be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Rs. ten thousand only) with two sureties of the like
amount each to the satisfaction of the court of learned S.D.J.M.,
Raxaul, East Champaran, in connection with Ramgarhwa P.S.
Case No. 429 of 2025.
(Ashok Kumar Pandey, J)
khushbu/-
U T
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