Patna High Court
Awadhesh Kumar @ Awadhesh Kumar SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Given the petitioner’s clean antecedent, the nature of the allegations and that the defrauded amount has already been recovered, the court granted anticipatory bail subject to a bail bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Awadhesh Kumar, sought anticipatory bail after being implicated in a case involving alleged cheque fraud and related offences under Sections 467, 468, 471, 409 and 420 of the IPC. The FIR alleged that Rs. 4,30,000 was illegally withdrawn and later credited to the informant’s account, with the petitioner’s name surfacing during investigation as the officer who processed the cloned cheque. The petitioner asserted innocence, clean antecedents, and that the fraud amount had already been recovered. The State opposed the bail application. Considering the nature of the accusation, the petitioner’s clean record, and the recovery of the defrauded amount, the court granted anticipatory bail, directing the petitioner to surrender within eight weeks and furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the allegations under IPC Sections 467, 468, 471, 409 and 420.
- Whether the petitioner’s alleged role in processing a cloned cheque justifies arrest pending trial.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 409, 420, 467, 468, 471
Subjects
- anticipatory bail
- cheque fraud
- cyber crime
- clean antecedent
- Section 482
- Indian Penal Code
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5648 of 2026
Arising Out of PS. Case No.-111 Year-2021 Thana- BRAHMPUR District- Buxar
======================================================
Awadhesh Kumar @ Awadhesh Kumar Sinha S/O Late Rameshwar Prasad
R/O Village- Bhikhna Pahari, Pucca Bari, P.S.- Pirbahore, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh, Advocate
For the Opposite Party/s : Mrs. Asha Devi, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 467, 468, 471, 409, 420
of the Indian Penal Code.
3. As per F.I.R., on 17.02.2021, informant came to
know that Rs. 4,30,000/- was illegally withdrawn from his
account.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
is not named in the F.I.R. and his name transpired during course
of investigation on the ground that at the relevant time, this
petitioner processed and cleared the alleged cloned cheque of
Rs. 4,30,000/-. He further submits that no doubt petitioner failed
to detect the cloned cheque but subsequently, bank authority
treated it as a cyber crime and after obtaining the fraud amount
Patna High Court CR. MISC. No.5648 of 2026(2) dt.04-02-2026
2/2
from insurance company, bank credited Rs. 4,30,000/- in the
business account of the informant on 28.02.2021 and
information regarding the same was given to the Station House
Officer of Brahampur Police Station vide letter dated
28.02.2022 (Annexure- P/2 & P/3). Petitioner claims clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering nature of accusation, clean antecedent
and the fact that alleged amount has already been deposited in
the account of informant, this anticipatory bail is allowed and it
is ordered that let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Buxar in connection with Brahampur P. S. Case No.
111 of 2021, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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