Created by Fuzzy Cloud

Patna High Court

Tinku Kumar @ Aatish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a bond of Rs.10,000, two sureties, and specified conditions.

Summary

The petitioner, Tinku Kumar, was arrested on 4 July 2025 in connection with a fraud case involving the alleged withdrawal of Rs.20,000 using ATM cards, and charged under Sections 303(2), 317(2), 316(2) and 318(4) of the Bharatiya Nyay Sanhita, 2023. The petitioner’s counsel argued that the accusation was fabricated, based merely on suspicion, and that the petitioner was innocent despite some articles being recovered from his possession. The prosecution opposed bail, highlighting seven prior similar criminal antecedents and the seriousness of the offences. The court considered the length of custody, the nature of the charges, and the petitioner’s criminal history, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order also empowered the trial court to cancel bail if the conditions are breached.

Issues considered

  • Whether bail should be granted in a case involving offences under Sections 303(2), 317(2), 316(2) and 318(4) of the Bharatiya Nyay Sanhita, 2023.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.
  • Whether the period of pre‑trial custody and the nature of the alleged fraud warrant continued detention.

Legislation cited

Subjects

  • bail
  • fraud
  • ATM card
  • Bharatiya Nyay Sanhita
  • criminal antecedent
  • pre‑trial detention
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1957 of 2026
                       Arising Out of PS. Case No.-119 Year-2025 Thana- PANDARAK District- Patna
                 ======================================================
                 Tinku Kumar @ Aatish Kumar S/o Mukesh Poddar @ Mukesh Kumar R/o
                 Village- Bakhri, Shakarpura, P.S.- Bakhri, District- Begusarai

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Y.C. Verma, Sr. Advocate
                                          :       Ms. Priyanka Singh, Advocate
                 For the Opposite Party/s :       Mr. Rajendra Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   20-01-2026                          Heard Mr. Y.C. Verma, learned senior counsel for

                   the petitioner as well as Mr. Rajendra Singh, learned Additional

                   Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   04.07.2025 in connection with Pandarak P.S. Case No. 119 of

                   2025, F.I.R. dated 03.07.2025 for the offences punishable under

                   Sections 303(2), 317(2), 316(2), 318(4) of the Bharatiya Nyay

                   Sanhita, 2023.

                                3.      According to prosecution case,             the informant

                   alleged that the petitioner fraudulently withdrawn Rs. 20,000/-

                   from his account by exchanging ATM cards.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.1957 of 2026(2) dt.20-01-2026
                                            2/3




          present case. The allegation levelled against the petitioner is

          false and fabricated. From bare perusal of the FIR it appears that

          the petitioner has been made accused merely on the basis of

          suspicion and some of the articles have been recovered from the

          possession of the petitioner and he has confessed his guilt in the

          present occurrence. He further submits that the police after

          investigation submitted the charge-sheet and the petitioner is in

          custody since 04.07.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the petitioner carries seven criminal antecedents of

          similar nature other than the present one.

                       6. Considering the aforesaid facts and circumstances

          and period of custody of the petitioner, 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 ACJM, Barh, Patna in

          connection with Pandarak P.S. Case No. 119 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.1957 of 2026(2) dt.20-01-2026
                                                        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)
Suruchi/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.