Patna High Court
Rajeev Kumar VermaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bhartiya Nyaya Sanhita, 2023 — s. 2(1)(d), 303(2), 318(4), 3(5), 482(2)
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
3/3
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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