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Patna High Court

Rajeev Kumar VermaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to stipulated conditions.

Summary

The petitioner sought anticipatory bail fearing arrest in a case registered under Sections 303(2), 318(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, alleging involvement in a fraud with fake gold gullies. The prosecution alleged that the accused deceived an informant, collected Rs.30,000 and handed over counterfeit gold. The petitioner contended he was not named in the FIR, has a clean record, and is being implicated due to his family’s criminal history. The State opposed the bail. The Court, after considering the facts, granted anticipatory bail for four weeks, subject to a bail bond of Rs.30,000 and conditions under Section 482(2) of the BNS, including a family member as bailor and mandatory court appearances.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bhartiya Nyaya Sanhita, 2023 in view of the allegations and his claim of innocence.

Legislation cited

Subjects

  • anticipatory bail
  • Bhartiya Nyaya Sanhita
  • criminal procedure
  • fraud
  • gold counterfeit
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30192 of 2026
                        Arising Out of PS. Case No.-70 Year-2026 Thana- KOCHAS District- Rohtas
                 ======================================================
                 Rajeev Kumar Verma son of Shivjee Prasad Verma @ shivjee Prasad Seth
                 Resident of Villlage- Noorganj Baulia Road, PS- Sasaram Dist -Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raghunandan Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Akshay Lal Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   07-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Kochas P.S. Case No. 70 of 2026, dated 19.03.2026,

                   lodged under Sections 303(2), 318(4) and 3(5) of the Bhartiya

                   Nyaya Sanhita, 2023 (hereinafter referred to as “BNS, 2023”).

                                3. As per the prosecution, the FIR has been lodged

                   against one named and two unknown accused persons, including

                   the present petitioner, with the allegation that the accused

                   persons bluffed the informant into purchasing two golden gullis.

                   There is further allegation that one of the accused persons took

                   Rs. 30,000/- from the informant, handed it over to another

                   person, and gave the informant two golden gullis. When the

                   informant realised that the gold was fake, he raised alarm, and

                   one of the accused persons was apprehended.
Patna High Court CR. MISC. No.30192 of 2026(2) dt.07-05-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          further submits that the petitioner is not named in the FIR.

          Counsel further submits that the petitioner has a clean criminal

          antecedent and has been dragged into this case only for the

          reason that his father has six criminal antecedents and his

          brother has four criminal antecedents. Counsel further submits

          that the petitioner is living separately from the family.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner.

                       6. Considering the facts and circumstances of the

          present case, let the above-named petitioner be released on

          anticipatory bail, in the event of arrest or surrender before the

          Trial Court within a period of 4 weeks from today, on furnishing

          bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

          mentioned in Section 2(1)(d) of the BNSS, 2023 to the

          satisfaction of Additional Chief Judicial Magistrate-I, Rohtas at

          Sasaram, in connection with Kochas P.S. Case No. 70 of 2026,

          subject to the conditions as laid down U/s 482(2) of the BNSS,

          2023 with other following conditions:-

                                               (i) one of the bailor should be the
                                  family member of the petitioner who shall
                                  provide official document to show his bona
         Patna High Court CR. MISC. No.30192 of 2026(2) dt.07-05-2026
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                                           fide;
                                                        (ii) the petitioner shall appear on
                                           each and every date before the Trial Court
                                           and failure to do so for two consecutive
                                           dates without plausible reason will entail
                                           cancellation of his bail bonds by the Trial
                                           Court itself.



                                                                        (Dr. Anshuman, J.)

Aman Kumar/-
U     T


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