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Patna High Court

Afsar KamalversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner, directing release upon furnishing a bail bond of Rs. 10,000 with two sureties.

Summary

The petitioner, Afsar Kamal, applied for regular bail in a case registered under Sections 111(2), 318(4), 316(2), 338 and 3(5) of the Bihar Negotiable Instruments Act, alleging that he was falsely implicated in a scheme where co‑accused pretended to be government officials to obtain Rs. 4,00,000 from an informant. The petitioner contended that he was not named in the FIR, that the only incriminating material was a car bearing the words “Police Mitra Seva Bhavi Foundation, Bihar Pradesh Adyaksh,” and that the cash‑taking allegation pertained to other accused. The State opposed bail, arguing the seriousness of the offences. The Court, after hearing both sides, found the petitioner’s claim of innocence credible, noted the lack of direct evidence linking him to the alleged fraud, and considered his prolonged pre‑trial detention since 6 February 2026. Consequently, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether the petitioner, Afsar Kamal, is entitled to regular bail despite the serious nature of the offences alleged under the Bihar Negotiable Instruments Act.
  • Whether the evidence (the car and its markings) is sufficient to justify continued detention.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • false representation
  • forgery
  • pre‑trial detention
  • Bihar Negotiable Instruments Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27357 of 2026
                    Arising Out of PS. Case No.-56 Year-2026 Thana- KOTWA District- East Champaran
                 ======================================================
                 Afsar Kamal, Son of Late Md. Obaidulla, Resident of Village - Dipahi, P.S. -
                 Chiraiya, District - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rizwanul Jama Khan, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in

                   connection with Kotwa P.S. Case No. 56 of 2026 registered for

                   the offence punishable under Sections 111(2), 318(4), 316(2),

                   338, 3(5) of the BNS.

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

                   named accused persons approached the informant and

                   represented themselves to be connected with a government

                   department assuring appointment to the post of “Police Mitra”.

                   It is alleged that on such false representation they obtained the

                   informant's documents of educational qualification and they

                   dishonestly took Rs. 4,00,000/-, thereafter, the informant was

                   taken to Kotwa Police Station, where, he was made to mark his
Patna High Court CR. MISC. No.27357 of 2026(2) dt.23-04-2026
                                            2/3




          attendance under the false pretext of appointment for which a

          forged appointment was also issued. It is further alleged that

          when the informant demanded his wages he was only given

          assurance and the salary was not given to him.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. The petitioner is not named in the FIR.

          He also submits that the learned trial court has recorded that

          during course of investigation the petitioner was apprehended

          by police. In para 24 of the case diary, it i categorically stated

          that the petitioner has been arrested with the car, bearing car no.

          BR06DR6721 and the front head of the car “Police Mitra Seva

          Bhavi Foundation, Bihar Pradesh Adyaksh” was written and the

          identity card which was provided by the accused in the pretext

          of job was also recovered from the petitioner. He further

          submits that the allegation of taking cash from the informant is

          against co-accused persons. The petitioner has been framed in

          this case only on the basis of the car which had the “Police

          Mitra Seva Bhavi Foundation, Bihar Pradesh Adyaksh” written

          on the front head of the car. Petitioner has one criminal

          antecedent under the Electricity Act. Moreover, the petitioner is

          languishing in judicial custody since 06.02.2026.
            Patna High Court CR. MISC. No.27357 of 2026(2) dt.23-04-2026
                                                        3/3




                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   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 J.M. 1 st

                      Class, East Champaran, in connection with Kotwa P.S. Case No.

                      56 of 2026.


                                            (Ashok Kumar Pandey, J)

khushbu/-

U      T


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