Patna High Court
Amod Kumar @ Amod Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nyaya Sanhita, 2023 — s. 2(1)(d), 316(2), 318(4), 336(3), 338, 340, 3(5), 482(2)
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
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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
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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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