Patna High Court
Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
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
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 336(3), 336(4), 338, 340(1), 340(2)
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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