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Patna High Court

Vikram KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner with specified conditions.

Summary

Vikram Kumar was arrested in connection with a cheating case involving fraudulent software updates and the issuance of five bounced cheques amounting to Rs. 99,350. He sought bail, claiming innocence and willingness to repay the amount. The prosecution opposed bail, citing offences under Sections 316(2) and 318(4) of the Bharatiya Nyay Sanhita, 2023 and Section 138 of the Negotiable Instruments Act. The Court considered the nature of the offences, the petitioner’s custody since 21‑12‑2025, and the petitioner’s readiness to compensate the informant. It granted bail on a Rs. 10,000 bond with two sureties, subject to conditions including deposit of a demand draft of Rs. 99,350, cooperation with the trial, appearance in court, and prohibition against tampering with evidence or concealing criminal antecedents.

Issues considered

  • Whether the petitioner is entitled to bail for offences under Sections 316(2), 318(4) of the Bharatiya Nyay Sanhita and Section 138 of the Negotiable Instruments Act.
  • Whether the conditions imposed by the Court are appropriate and sufficient to ensure the petitioner’s compliance with the trial process.

Legislation cited

Subjects

  • bail
  • cheating
  • cheque bounce
  • Bharatiya Nyay Sanhita
  • Negotiable Instruments Act
  • criminal procedure
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29716 of 2026
                        Arising Out of PS. Case No.-578 Year-2025 Thana- BANKA District- Banka
                 ======================================================
                 Vikram Kumar S/o Kartik Raut Resident of Village - Bounsi Daliya, P.S. -
                 Bounsi, District - Banka.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md.Najmul Hodda, Advocate
                 For the Opposite Party/s :       Ms. Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-05-2026                      Heard Md.Najmul Hodda, learned counsel for the

                   petitioner as well as Ms. Sharda Kumari, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   21.12.2025 in connection with Banka P.S. Case No. 578 of

                   2025, F.I.R. dated 20.12.2025 for the offences punishable under

                   Sections 316(2), 318(4) of the Bharatiya Nyay Sanhita, 2023

                   and 138 of N.I. Act.

                               3. According to prosecution case, it is alleged that the

                   petitioner in the year 2020-21 on the pretext of software and its

                   update took Rs. 16,000/- from the informant and thereafter

                   started cheating some money in the name of software update.

                   Again on 05.11.2025 the petitioner purchased some furniture

                   and electronic goods worth Rs. 99,350/- and gave cheque in the
Patna High Court CR. MISC. No.29716 of 2026(2) dt.06-05-2026
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          name of this wife and when the informant deposited the cheque

          in the bank account, it bounced. After this he was informed over

          phone and given different dates and cheques, again they

          bounced. In this way, the petitioner gave him five cheques,

          which bounced.

                      4. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case.

                      5. Learned counsel for the petitioner on instructions

          submit that petitioner is ready to return the amount in question

          i.e. Rs. 99,350/- (Rupees Ninety Nine Thousand Three Hundred

          and Fifty) to the informant.

                      6. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Chief

          Judicial Magistrate, Banka in connection with Banka P.S. Case

          No. 578 of 2025, subject to the following conditions:-

                       i. At the time of furnishing bail bond, the petitioner

          shall deposit Rs. 99,350/ (Rupees Ninety Nine Thousand Three
            Patna High Court CR. MISC. No.29716 of 2026(2) dt.06-05-2026
                                                        3/3




                      Hundred and Fifty) by way of demand draft in favour of the

                      informant and the learned court below is directed to hand over

                      the said demand draft to the informant or his representative.

                                   ii. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   iii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iv. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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