Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail could not be granted as the alleged offences under the Bharatiya Nyaya Sanhita involving massive financial fraud are of a serious nature warranting surrender.
Summary
Petitioner Rajesh Kumar, alleged to be managing Lok Kalyan Nidhi Limited, was charged with offences under Sections 318(4), 316(5) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 for allegedly cheating investors of about Rs. 50 crore. He applied for anticipatory bail, claiming fear of arrest. The court examined the seriousness of the fraud, the large quantum involved, and the risk of tampering with evidence. Considering the gravity of the alleged offences, the court declined to grant anticipatory bail. The petitioner was ordered to surrender within two weeks and to seek regular bail, with the police directed to file a compliance report.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case involving alleged fraud of Rs. 50 crore under the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(5), 318(4), 61(2)
Subjects
- anticipatory bail
- financial fraud
- Bharatiya Nyaya Sanhita
- economic offences
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37120 of 2026
Arising Out of PS. Case No.-792 Year-2025 Thana- SHASTRINAGAR District- Patna
======================================================
Rajesh Kumar S/o Chandradev Sharma Resident of Mohalla - Uchla, P.O and
P.S. - Roshanganj, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shafiuddin Ahmad
For the Opposite Party/s : Mr. Dilip Kumar No. 1
For the Informant : Mr. Rahul Anand, Advocate
Mr. Shubhankar Prabhakar, Advocate
Mr. Chinmay Harsh Karn, Advocate
Mr. Ashutosh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 22-06-2026 Heard the learned counsel for the petitioner, the
learned counsel for the State and the learned counsel for the
informant.
2. The petitioner apprehends arrest in connection with
Shastri Nagar P.S. Case No. 792 of 2025 registered for offences
under Section(s) 318(4) of the Bharatiya Nyaya Sanhita, 2023.
Subsequently, Sections 316(5) and 61(2) of the Bharatiya Nyaya
Sanhita, 2023 were also added.
3. The allegation against the accused persons is that
they were involved in the management of Lok Kalyan Nidhi
Limited and had collected deposits from members of the
public/investors. It is alleged that despite repeated demands and
Patna High Court CR. MISC. No.37120 of 2026(3) dt.22-06-2026
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assurances, they failed to refund the deposited amounts to the
depositors for the last two years, thereby dishonestly
withholding the investors’ money and causing wrongful loss to
them.
4. Pursuant to the order dated 15.06.2026, the I.O. of
Shastri Nagar Police Station, Patna has appeared and has
interacted with the Court.
5. It has come during the course of investigation that
though the Director of the said organization is the father of the
petitioner, the day-to-day affairs and management were being
handled by the petitioner. The petitioner has also been identified
by the informant and other witnesses.
6. Considering the nature and gravity of the offence
and the allegation that many persons have been cheated of
approximately Rs. 50 Crore, this Court is not inclined to grant
the privilege of anticipatory bail to the petitioner.
5. Accordingly, the application for anticipatory bail is
hereby dismissed.
6. The petitioner is directed to surrender within two
weeks from today and pray for regular bail, failing which the
Senior Superintendent of Police, Patna will take all steps for
arrest of the petitioner.
Patna High Court CR. MISC. No.37120 of 2026(3) dt.22-06-2026
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7. The Senior Superintendent of Police, Patna will file
a compliance report after four weeks.
8. The Office is directed to list this case after four
weeks for perusal of the compliance report.
9. The personal appearance of the officer is dispensed
with.
10. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
(Sandeep Kumar, J)
Shishir/-
U T
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