Patna High Court
Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to monetary surety and specific conditions.
Summary
Sudhir Kumar was arrested on 13 January 2026 in connection with a case involving alleged illegal withdrawal of Rs. 1,20,000 by cheque. The prosecution alleged that he, along with co‑accused Rahul Kumar, participated in the fraud and that the petitioner had obtained the informant's cheque book. The petitioner’s counsel argued that he had a clean antecedent and was falsely implicated, though the record shows a confession by the petitioner. The Additional Public Prosecutor opposed bail, citing the seriousness of the offences under Sections 318(2), 319(2) and 303(2) of the Bihar Negotiable Instruments Act, 2023. The court, after considering the circumstances, granted bail on a cash bond of Rs. 10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner charged under Sections 318(2), 319(2) and 303(2) of the Bihar Negotiable Instruments Act, 2023 despite his confession and the seriousness of the alleged offence.
Subjects
- bail
- criminal procedure
- cheque fraud
- Bihar Negotiable Instruments Act
- Sections 318, 319, 303
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16794 of 2026
Arising Out of PS. Case No.-325 Year-2025 Thana- DAUDNAGAR District- Aurangabad
======================================================
Sudhir Kumar S/O Jaydrash Pandit @ Jaydrath Pandit R/O Village and Post
Office- Munjhar, Police Station- Harpura, District- Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Deepak Kumar Singh, learned counsel for
the petitioner and Mr. Shailendra Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
13.01.2026 in connection with Daudnagar P.S. Case No. 325 of
2025, F.I.R. dated 13.05.2025 for the offences punishable under
Sections 318(2), 319(2) and 303(2) of the BNS, 2023.
3. According to prosecution case, co-accused, Rahul
Kumar has illegally withdrawn Rs. 1,20,000/- from the bank
account of the informant by way of cheque.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R that the informant has lodged the present case
Patna High Court CR. MISC. No.16794 of 2026(2) dt.17-03-2026
2/3
against the co-accused, Rahul Kumar and petitioner is not
named in the F.I.R and his name has been transpired during
investigation on the basis of the confessional statement of the
co-accused, Deepak Kumar and he has disclosed that the
petitioner was also accompanying him in the present crime in
question. Thereafter, the petitioner has also confessed his guilt
in the present occurrence. The petitioner further confessed that
he has obtained the cheque book of the informant which was
recorded in paragraph no. 71 of the case diary. The petitioner is
in custody since 13.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Sub-
Divisional Judicial Magistrate, Daudnagar in connection with
Daudnagar P.S. Case No. 325 of 2025, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
Patna High Court CR. MISC. No.16794 of 2026(2) dt.17-03-2026
3/3
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
Checking your session…