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Patna High Court

Satendra Kumar Rai @ Satyendra RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and conditions.

Summary

Satendra Kumar Rai was arrested for alleged cheating involving the exchange of ATM cards and fraudulent withdrawals, and was charged under Sections 318(4), 338, 336(3) and 317(5) of the Bihar Negotiable Instruments Act. He applied for bail after the court had earlier ordered him to approach after charge‑framing, contending that the case merely concerned the recovery of seized ATM cards and that there was no risk of evidence tampering. The State opposed bail, citing the petitioner’s criminal antecedents, though it noted he was already on bail in other magistrate‑triable cases. The court examined the facts, the nature of the seized items, and the lack of any independent witness signature on the seizure list, and found no likelihood of tampering. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of personal appearance and cancellation on non‑appearance.

Issues considered

  • Whether bail should be granted in a case involving alleged cheating and fraudulent ATM transactions under Sections 318, 338, 336 and 317 of the B.N.S.
  • Whether there is a risk of evidence tampering that warrants denial of bail
  • Whether the petitioner’s prior criminal antecedents justify refusal of bail

Legislation cited

Subjects

  • bail
  • cheating
  • ATM fraud
  • evidence tampering
  • criminal antecedents
  • IPC sections
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25460 of 2026
                       Arising Out of PS. Case No.-689 Year-2025 Thana- DANAPUR District- Patna
                 ======================================================
                 Satendra Kumar Rai @ Satyendra Rai S/o Sumeshwar Rai R/o Village-
                 Bhabuana Ward No.4, P.S- Charpokhari, Dist- Bhojpur.
                                                                             ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Aditi Medha
                 For the Opposite Party/s :       Mr.Raj Ballabh Singh
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   17-04-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 318(4), 338, 336(3), 317(5)

                   of the B.N.S.

                                3. The present application has been filed renewing the

                   prayer for bail in view of the liberty granted to the petitioner

                   vide order dated 11.02.2026 passed by this Court to approach

                   the Court after framing of charge.

                                4. Petitioner is said to be involved in cheating by

                   exchanging ATM cards and withdrawing money through

                   fraudulent ATM transactions.

                                5. Learned counsel for the petitioner has submitted

                   that the allegation in the present case involves recovery of a

                   mobile phone and some ATM cards from the possession of the
Patna High Court CR. MISC. No.25460 of 2026(2) dt.17-04-2026
                                            2/3




          petitioner for which he has tendered no explanation. It has

          further been submitted that there is only a general allegation

          made in the First Information Report that he is involved in some

          fraudulent activities with regard to ATM but the fact is that such

          assumption has been made only on the basis of the fact that

          some recovery has been made from his possession. However,

          the attention of this Court has been drawn to the seizure list

          which does not bear the signature of any independent witness.

          Further, the petitioner is in custody since 03.07.2025 and the

          charges have already been framed on 17.03.2026 (Annexure-

          p/4). It is further submitted that there is no possibility of

          tampering of any evidence as ATM cards etc. are all in the

          possession of the Investigating Agency and the petitioner

          undertakes to cooperate in the trial.

                       6. Learned APP for the State has opposed the

          application for bail on the ground that there are several criminal

          antecedents upon this petitioner. However, in response, it has

          been submitted that the petitioner is on bail in all the cases and

          the offences are mostly magistrate triable cases.

                           7. Taking into consideration the facts and

          circumstances and also considering the fact that the present case

          concerns recovery of some ATM cards which have already been
             Patna High Court CR. MISC. No.25460 of 2026(2) dt.17-04-2026
                                                         3/3




                       seized, as such there appears no possibility of tampering any

                       evidence, let the above named petitioner, be enlarged on bail on

                       furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

                       two sureties of the like amount each to the satisfaction of the

                       learned court below where the case is pending/successor court

                       in connection with Danapur P.S. Case No. 689 of 2025, subject

                       to the conditions that:

                                        (I) One of the bailors would be the family member

                       or relative.

                                        (II) The petitioner would appear physically on

                       each and every date in the learned court below and would

                       cooperate in the conclusion of trial and if the petitioner does not

                       appear on two consecutive dates without any substantial and

                       satisfactory reason, the learned court below would be at liberty

                       to cancel his bail bonds.


                                                 (Soni Shrivastava, J)
devendra/-

U      T


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