Patna High Court
Birendra KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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under Sections 303(2), 316(2), 317(2), 318(4) and 319(2) of the B.N.S. The prosecution alleged that Rs. 6,00,000 was withdrawn from the informant’s father’s ATM card and that the petitioner, a guard, was implicated based on CCTV footage and a confessional statement.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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