Patna High Court
Afsar KamalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Negotiable Instruments Act — s. 111(2), 316(2), 318(4), 338, 3(5)
- Electricity Act
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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