Patna High Court
RAJEEV KUMAR @ RAJIV KUMARversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Negotiable Instruments Act — s. 112(2), 318(4), 319(2), 336(3), 338, 340(2), 3(5)
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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