Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The petitioner is entitled to bail, subject to a bond and sureties, as the allegations do not show actual looting and he has a clean antecedent.
Summary
The petitioner, Abhishek Kumar, was named in an FIR alleging his involvement in a scheme to embezzle Rs 40.5 lakhs received from a property sale, with charges under IPC sections 406, 420, 409 and 34. The FIR narrates that the informant attempted to deposit the cash through Axis Bank, was asked to pay various intermediaries, and was eventually taken to an unknown place where the accused allegedly planned to loot the money. The petitioner contended that he was falsely implicated, had no criminal antecedent, and that co‑accused had already been released on bail. The State opposed bail, arguing the seriousness of the offences. The Court, after noting the prima‑facie lack of actual looting and the petitioner’s clean record, granted bail subject to a bond of Rs 10,000 with two sureties and conditions under Sections 438(2) CrPC and 482(2) BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under IPC sections 406, 420, 409 and 34.
- Whether the petitioner was falsely implicated and thus merits release pending trial.
Legislation cited
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- false implication
- IPC sections 406 420 409 34
- Criminal Procedure Code
- BNSS
- clean antecedent
- pre‑trial release
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30912 of 2026
Arising Out of PS. Case No.-442 Year-2023 Thana- CHHATAUNI District- East Champaran
======================================================
Abhishek Kumar S/o Kanhaiya Prasad Yadav Resident of village - Bokane
Kalan, P.S.- Patahi, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Adv
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 13-05-2026 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and
apprehending his arrest in connection with Chhatauni P.S. Case
No. 442 of 2023 registered for the offences under Sections 406,
420, 409 and 34 of the IPC
3. As per FIR, informant states that in a transaction
of sale of immovable property he received Rs.40.5 lakhs in cash.
He got in contact with the persons as descried in detail in the FIR
for depositing the cash in the Axis Bank. It is stated that
Abhishek Kumar an employee of the Axis Bank was asked to
arrange for deposit of the cash in the Bank. The said Abhishek
Kumar informed that Awanish Kumar would get the amount
deposited. Awanish Kumar demanded a sum of Rs.25,000/- and
was paid Rs.18,000/- online. It is further stated that on carrying
the total amount to the bank, he was informed that the amount
Patna High Court CR. MISC. No.30912 of 2026(2) dt.13-05-2026
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could not be deposited. Once again getting in touch with the
Abhishek Kumar, the informant was made to talk to Dhiraj Kumar
who demanded a sum of Rs.1.5 lakhs for providing them
security. It is further stated that Dhiraj Kumar along with Badal
Pandey and Bhardul Kumar proceeded on motorcycle. On being
asked to stop the motorcycle, they moved into unknown lane.
However, on seeing the police personnel the accused persons fled
away. The informant states that the accused persons including
the petitioner herein were making plans to embezzle the money
being carried by the informant and for this reason he had been
taken to an unknown place.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner has been falsely implicated in
the case. At the outset it is submitted that no amount was looted
from the informant. The case of the petitioner stands on a similar
if not on better footing of that of co-accused Dhiraj Kumar @
Desh Bandhu Kumar and Bhardul Kumar @ Abhishek Kumar as
also Badal Pandy who have been enlarged on bail vide common
order dated 13.12.2024 and co-accused Awanish Kumar who has
been enlarged on bail vide order dated 12.3.2024, both the
orders having been brought on record as Annexure-P/2 series to
this petition. The petitioner has no criminal antecedent and
Patna High Court CR. MISC. No.30912 of 2026(2) dt.13-05-2026
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undertakes to cooperate in the investigation/trial.
5. Learned APP, opposes the prayer for bail.
6. In view of the facts and circumstances as
mentioned above as prima-facie, no amount having been looted
from the possession of the informant coupled with fact similarly
situated co-accused has already granted bail by one of the
learned Co-ordinate Bench, accordingly petitioner above named,
who is of clean antecedent, in the event of his arrest or surrender
before the learned trial court within a period of four weeks, is
directed to be released on bail, furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned CJM,
Motihari, East Champaran/concerned trial court where the case is
pending in connection with Chhatauni P.S. Case No. 442 of 2023
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./ Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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