Patna High Court
Tinku Kumar @ Aatish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 303(2), 316(2), 317(2), 318(4)
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
Checking your session…