Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail to the petitioner.
Summary
The petitioner, Rahul Kumar, applied for regular bail in a case registered under section 303(2) of the Bihar Negotiable Instruments Act, 2023, alleging fraudulent withdrawal of Rs.85,000 using an informant's ATM card. He has been in custody since March 22, 2026. The court examined the seriousness of the alleged fraud and the material connecting the petitioner to the crime. Considering the nature of the allegation, the judge was not inclined to grant bail. Consequently, the bail application was rejected, with the court clarifying that this order pertains only to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether regular bail should be granted to the petitioner accused of fraud under section 303(2) of the B.N.S., 2023
Legislation cited
- Bihar Negotiable Instruments Act, 2023 — s. 303(2)
Subjects
- bail
- fraud
- ATM card
- section 303(2)
- Bihar Negotiable Instruments Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41314 of 2026
Arising Out of PS. Case No.-80 Year-2026 Thana- BIHAR District- Nalanda
======================================================
Rahul Kumar S/o Shiv Shankar Tiwari Resident of Village - Nardiganj, P.S -
Nardiganj, District - Nawada
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Anil Chandra, Advocate
For the State : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in
connection with Biharsharif P.S. Case No.80 of 2026 registered
for the offence under section 303(2) of the B.N.S., 2023.
3. It is alleged that the petitioner has
fraudulently withdrew an amount of Rs.85,000/- from the
account of the informant by misusing his A.T.M. card. During
investigation, materials have come to connect the petitioner with
the crime.
4. The petitioner is in custody since
22.03.2026.
5. Considering the nature of allegation levelled
against the petitioner, I am not inclined to grant bail to the
Patna High Court CR. MISC. No.41314 of 2026(2) dt.24-06-2026
2/2
petitioner. Accordingly, this bail application is rejected.
6. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
pawan/-
U
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