Patna High Court
Vikram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 316(2), 318(4)
- Negotiable Instruments Act — s. 138
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
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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/-
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