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Patna High Court

Amod Kumar @ Amod Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to a bond and conditions under the Bharatiya Nyaya Sanhita, 2023.

Summary

Amod Kumar Singh was named in an FIR for allegedly cheating a person of Rs. 6,04,994 by promising overseas employment. He applied for bail, claiming he did not receive the money and that his brother Sandeep Kumar was the actual perpetrator. The State opposed bail, arguing the FIR implicates the petitioner for accepting cash. The court examined the allegations and, noting that the primary transaction was allegedly carried out by the brother, granted bail subject to a bond of Rs.30,000 and conditions under the Bharatiya Nyaya Sanhita. The order was pronounced by Justice Dr. Anshuman.

Issues considered

  • Whether bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences.
  • Whether the petitioner’s alleged involvement in the fraud warrants denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • cheating
  • fraud
  • employment scam
  • Bharatiya Nyaya Sanhita
  • Section 482
  • Section 2(1)(d)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42423 of 2026
                    Arising Out of PS. Case No.-46 Year-2026 Thana- UCHKAGAON District- Gopalganj
                 ======================================================
                 Amod Kumar @ Amod Kumar Singh S/o Yogendra Singh @ Yogendra
                 Kushwaha Resident of Village- Kaprhar Sakhe Khas, P.S.- Uchkagaon, Dist.-
                 Gopalganj

                                                                                 ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Chandan Mahto S/o Radha Kshun Mahto R/o Luhsi Nawaka Tola, P.S.-
                 Uchkagaon, Dist.- Gopgalganj

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Dimpal Kumari, Advocate
                 For the Opposite Party/s :      Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   08-07-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Uchkagaon P.S. Case No. 46 of 2026 lodged on

                   05.02.2026, for the offence punishable under Sections 316(2),

                   318(4), 338, 336(3), 340 & 3(5) of the Bharatiya Nyaya Sanhita,

                   2023.

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

                   three named accused persons including the present petitioner

                   alleging that they have cheated the informant and obtained a

                   sum of Rs. 6,04,994/- (Rupees Six Lacs Four Thousand Nine

                   Hundred Ninety Four) from him on the pretext of sending him
Patna High Court CR. MISC. No.42423 of 2026(2) dt.08-07-2026
                                            2/3




          abroad for employment.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. He submits

          that the petitioner is a honest person and the alleged amount has

          not been taken by the petitioner, rather, it was taken by the

          brother of the petitioner namely, Sandeep Kumar as mentioned

          in the FIR itself. Counsel submits that there are three persons

          made accused in this case i.e. the petitioner, his brother and his

          father. Counsel further submits that the petitioner is a man of

          means, having 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 the allegation of collection

          of money is there in the FIR. He further submits that the

          allegation of taking money in the account is against accused

          Sandeep Kumar and not against the present petitioner, save and

          except only alleged that he has accepted the cash.

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

          this case considering that the real transaction of money has been

          done by the brother of the petitioner, let the above named

          petitioner be released on bail, in the event of arrest or surrender

          before the Trial Court within a period of 4 weeks from today, on
             Patna High Court CR. MISC. No.42423 of 2026(2) dt.08-07-2026
                                                         3/3




                       furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

                       as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the

                       satisfaction of A.C.J.M.-I, Gopalganj, in connection with

                       Uchkagaon P.S. Case No. 46 of 2026, subject to the conditions

                       as laid down U/s 482(2) of the B.N.S.S., 2023.



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T


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