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Patna High Court

Niraj KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court refused to grant anticipatory bail to the petitioner.

Summary

The petitioner, Niraj Kumar, sought anticipatory bail in connection with a criminal case (Patliputra P.S. Case No. 15 of 2026) alleging defalcation of Rs. 72,91,650 from college students. The prosecution charged him under several sections of the Bharatiya Nyaya Sanhita, 2023, including offences relating to fraud, criminal breach of trust, and causing grievous hurt. The petitioner contended that he was merely a clerk, innocent of the alleged crime, and that the case was motivated by pressure to convert his religion, asserting a clean antecedent and willingness to comply with any conditions. The State opposed bail, emphasizing the large amount involved and the lack of a plausible explanation. The Court, after considering the seriousness of the alleged defalcation and the absence of a satisfactory explanation, declined to grant anticipatory bail, rejecting the petitioner's prayer.

Issues considered

  • What is the appropriate exercise of discretion by the court in granting or refusing anticipatory bail under the Bharatiya Nyaya Sanhita, 2023 in a case involving alleged large-scale financial defalcation?

Legislation cited

Subjects

  • anticipatory bail
  • defalcation
  • financial fraud
  • religious conversion pressure
  • Bharatiya Nyaya Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32123 of 2026
                       Arising Out of PS. Case No.-15 Year-2026 Thana- PATLIPUTRA District- Patna
                 ======================================================
                 Niraj Kumar S/o Anuranjan Kumar Resident of Village- Kurji Kothiya, Vikas
                 Nagar, P.S.- Patliputra, P.O.- Sadaquat Ashram, District- Patna, (Bihar)
                                                                               ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar
           2.     Princy Mathew D/o not given Resident of Mohalla- Kurji Holy Family
                  Hospital, P.S.0 Patliputra, District- Darbhanga
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhinav Kumar, Adv.
                 For the Opposite Party/s :        Mrs. Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

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

                   A.P.P for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Patliputra P.S. Case No. 15 of 2026 lodged on 07.01.2026,

                   for the offence punishable under Sections 316(2), 318(4), 338,

                   336(3), 336(4), 340(1) & 340(2) of the Bharatiya Nyaya

                   Sanhita, 2023, pending in the Court of Additional Sessions

                   Judge II, Patna.

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

                   the sole petitioner alleging that he has defalcated amount of Rs.

                   72,91,650/- from the students of a college.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   submits that the petitioner’s role is very limited and he is only a
             Patna High Court CR. MISC. No.32123 of 2026(2) dt.07-05-2026
                                                         2/2




                       clerk of the institution and only due to pressure that he was

                       asked to convert his religion for which, he was not ready, then

                       this case has been lodged against him. He further submits that

                       the petitioner has clean antecedent and he is ready to fulfill all

                       the conditions whatsoever shall be imposed upon him.

                                    5. Learned APP for the State opposes the prayer for

                       bail of the petitioner and submits that in this case, huge

                       defalcation of money has been made by the petitioner.

                                    6. As such, in the present facts and circumstances of

                       this case considering that the petitioner has no plausible

                       explanation regarding the defalcation of the said money, this

                       Court is not inclined to grant bail to the petitioner. Accordingly,

                       the prayer for anticipatory bail of the petitioner stands rejected.



                                                                     (Dr. Anshuman, J)
Divyansh/-

U      T


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