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Patna High Court

Birendra KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Birendra Kumar, applied for bail in a case registered as Shastri Nagar P.S. Case No. 540 of 2025, involving alleged offences under Sections 303(2), 316(2), 317(2), 318(4) and 319(2) of the B.N.S. The prosecution alleged that Rs. 6,00,000 was withdrawn from the informant’s father’s ATM card and that the petitioner, a guard, was implicated based on CCTV footage and a confessional statement. The petitioner contended that he merely assisted the father in withdrawing cash with permission, had no criminal antecedent, and was falsely implicated. The State opposed bail. After hearing both sides, the Court found the petitioner’s claim of innocence credible and, noting the lack of prior record, ordered that he be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner charged under Sections 303(2), 316(2), 317(2), 318(4) and 319(2) of the B.N.S.
  • Whether the petitioner’s alleged involvement, based on CCTV identification and a confessional statement, warrants continued detention.

Legislation cited

  • B.N.S. — s. 303(2), 316(2), 317(2), 318(4), 319(2)

Subjects

  • bail
  • criminal procedure
  • ATM fraud
  • confessional statement
  • sureties
  • B.N.S.
  • Sections 303, 316, 317, 318, 319

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19691 of 2026
                    Arising Out of PS. Case No.-540 Year-2025 Thana- SHASTRINAGAR District- Patna
                 ======================================================
                 Birendra Kumar, Son of Late Keshav Gopal Yadav, Resident of Village-
                 Bharatpura Pasari, P.S.- Dulahin Bazar, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ramchandra Singh, Advocate
                 For the Opposite Party/s :      Mr.Pawan Kumar Chaurasia, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   25-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Shastri Nagar P.S. Case No. 540 of 2025 registered for the

                   offence punishable under Sections 303(2), 316(2), 317(2),

                   318(4) and 319(2) of B.N.S.

                                3. The case of the prosecution, in short, is that from

                   the ATM Card of the informant’s father, altogether Rs.

                   6,00,000/- was withdrawn and as the informant came to know

                   about this, he has blocked the ATM Card of his father.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. His name has surfaced in this case only on the basis of
             Patna High Court CR. MISC. No.19691 of 2026(2) dt.25-03-2026
                                                         2/2




                       dress of the guard which was identified from the CCTV Footage

                       of ATM. It has further been submitted that the confessional

                       statement has been extracted by the police and on the basis of

                       that confessional statement the petitioner has been framed in

                       this case. The petitioner is though guard and has helped the

                       father of the informant in withdrawing the cash but he has not

                       withdrawn any amount without the permission of father of the

                       informant. Petitioner is having no criminal antecedent and he is

                       languishing in judicial custody since 18.11.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail.

                                    6. 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. 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 learned Court

                       of A.C.J.M.-IX, Patna in connection with Shastri Nagar P.S.

                       Case No. 540 of 2025.


                                                     (Ashok Kumar Pandey, J)

lata/-
U        T


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