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Patna High Court

RAJEEV KUMAR @ RAJIV KUMARversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

Petitioner Rajeev Kumar applied for bail in a case registered under multiple sections of the Bihar Negotiable Instruments Act and the Bihar Conduct of Examination Act. The prosecution alleged that Kundan Kumar, posing as Shobhi Kumar, had received Rs. 50,000 from the petitioner and Sonal Kumari. The petitioner contended that he is a driver, has no criminal record, and was falsely implicated, asserting that any wrongdoing pertains solely to the co‑accused Kundan Kumar. The State opposed the bail. After hearing both sides, the Court found the petitioner’s claim credible and ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious charges under the Bihar Negotiable Instruments Act and the Bihar Conduct of Examination Act.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bihar Negotiable Instruments Act
  • Bihar Conduct of Examination Act
  • impersonation
  • fraud

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21240 of 2026
                    Arising Out of PS. Case No.-14 Year-2026 Thana- SHEKHPURA District- Sheikhpura
                 ======================================================
                 Rajeev Kumar @ Rajiv Kumar, S/o- Prakash Paswan, Resident of Village-
                 Saidy, Police Station- Noorsarai and District- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nilendu Kumar Choudhary, Advocate
                 For the Opposite Party/s :       Mr. Parmeshwar Mehta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Sheikhpura P.S. Case No. 14 of 2026 registered for the

                   offence punishable under Sections 319(2), 318(4), 338, 336(3),

                   340(2), 112(2) and 3(5) of B.N.S. and Section 10 of Bihar

                   Conduct of Examination Act.

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

                   preliminary examination of A.S.I., it was found that one Kundan

                   Kumar was appearing in place of Shobhi Kumar. When he was

                   apprehended, he disclosed that Sonal Kumari and this petitioner

                   have given him Rs. 50,000/-.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
             Patna High Court CR. MISC. No.21240 of 2026(2) dt.06-04-2026
                                                         2/2




                       committed no offence. He has been falsely implicated in this

                       case. It has further been submitted that petitioner is simply a

                       driver and allegation, if any, is against co-accused Kundan

                       Kumar. He is not related in any way with Shobhi Kumar. He is

                       having no criminal antecedent and he is languishing in judicial

                       custody since 22.01.2026.

                                    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 Chief

                       Judicial Magistrate, Sheikhpura in connection with Sheikhpura

                       P.S. Case No. 14 of 2026.


                                                        (Ashok Kumar Pandey, J)

lata/-
U        T


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