Patna High Court
Awadh Bihari @ Falgu @ Awadh Bihari SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 438(2) CrPC and Section 482(2) B.N.S.
Summary
Awadh Bihari was implicated in an ATM card‑swapping fraud case (PS‑290/2025) where two miscreants allegedly withdrew money using a swapped card. The prosecution identified the petitioner and a co‑accused from CCTV footage and recovered Rs. 40,000 only from the co‑accused’s house. The petitioner claimed he was falsely implicated, that the CCTV did not conclusively show his participation, and that the recovery from his house was nil, seeking anticipatory bail. The State opposed the bail on the ground of the seriousness of the offences and the petitioner’s prior similar case. The High Court, after considering the submissions, granted anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the B.N.S., imposing a bail bond, sureties and several conditions, and ordered the application allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged ATM fraud.
- Whether the evidence, including CCTV footage and recovery of money from the co‑accused, justifies denial of bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- B.N.S. — s. 303(2), 317(2), 317(5), 318(4), 319(2), 3(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- ATM fraud
- Section 438 CrPC
- Section 482 B.N.S.
- bail conditions
- false implication
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2767 of 2026
Arising Out of PS. Case No.-290 Year-2025 Thana- KHIJARSARAI District- Gaya
======================================================
Awadh Bihari @ Falgu @ Awadh Bihari Singh S/O Indradev Singh R/O
Village- Maksudpur, Police Station- Khizersarai, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh, Adv.
For the Opposite Party/s : Mr.Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Khizersarai P.S. Case No. 290 of 2025 dated 27.07.2025
registered for the offences punishable under Sections 303(2),
317(2), 317(5), 319(2), 318(4) and 3(5) of the B.N.S.
3. As per the prosecution case, the informant has
alleged that her ATM card was swapped and two miscreants had
withdrawn certain amount. It is further alleged that with the help
of the CCTV footage, two persons were identified, one Awadh
Bihari @ Falgu (petitioner) and the other being the co-accused,
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Rahul Kumar. It is further alleged that the police did not recover
anything from the house of the petitioner while Rs. 40,000/- was
recovered from the house of the co-accused, Rahul Kumar.
4. The learned counsel for the petitioner submits that
the petitioner has falsely been implicated and he has not done
any swapping as alleged in the F.I.R. It has further been
submitted that admittedly the amount has been recovered from
the house of the co-accused, Rahul Kumar and therefore, the
petitioner can not be saddled with the responsibility of any
illegal activity. It has further been submitted that the police
could not even say after looking at the CCTV footage whether it
was the petitioner who had withdrawn the amount from the
ATM after swapping the ATM card. It has lastly been submitted
that the petitioner has one criminal antecedent of similar nature
and he is on bail in the said case.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid submissions made by the
parties and taking into account the facts and circumstances of
the case, the petitioner, above named, is directed to be released
on anticipatory bail, in the event of arrest or surrender before the
Court below within a period of four weeks from today, on
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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 Khizersarai P.S. Case No. 290 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure read with corresponding
Section 482(2) of BNSS as well as subject to the following
conditions:-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
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the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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