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Patna High Court

Rajesh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                            2/3




          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
                                                        3/3




                                   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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