Patna High Court
AMIT KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Amit Kumar, was implicated in a fraud case (Saharsa Sadar P.S. Case No. 750 of 2023) alleging cheating of Rs. 14,77,169 deposited with Bajaj Allianz Life Insurance. He contended that the alleged illegal withdrawal was executed using his desktop computer by co‑accused colleagues, not his own user ID, and that the funds were transferred to a third party, Nigam Singh, making him not a beneficiary. The petitioner applied for anticipatory bail, asserting clean antecedents, while the State and the informant’s counsel opposed, arguing his active involvement and connivance. The court examined the factual submissions, noting the lack of direct use of the petitioner’s credentials and his non‑beneficiary status. Relying on Section 482(2) of the BNSS, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations of cheating and involvement in the fraud.
- Whether the petitioner can be considered a beneficiary of the alleged illegal transaction.
- Whether the use of the petitioner’s desktop by co‑accused persons establishes his participation in the offence.
Legislation cited
- Indian Penal Code — s. 120B, 406, 419, 420, 467, 468, 471, 472
- Information Technology Act, 2000 — s. 66(D)
Subjects
- anticipatory bail
- cheating
- cyber fraud
- Indian Penal Code
- IT Act
- Section 482
- bail conditions
- co‑accused
- beneficiary
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60122 of 2024
Arising Out of PS. Case No.-750 Year-2023 Thana- SAHARSA SADAR District- Saharsa
======================================================
AMIT KUMAR S/o- VINAY KUMAR SINGH R/o- New Professor Colony,
township Road Dinkar Nagar, Pipra Ps Dist- Begusarai. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Bajaj Allianz Life Insurance Co. Ltd. Through its Branch Manager,
Saharsa. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar, Advocate
For the Opposite Party/s : Mr.Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 03-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending his arrest in
connection with Saharsa Sadar P.S. Case No. 750 of 2023
registered for the offences punishable under Sections 406, 419,
420, 467, 468, 471, 472, 120B of the Indian Penal Code and
Section 66 (D) if the I.T. Act, 2000.
3. As per FIR, petitioner alleged to cheat
informant/complainant to the tune of Rs. 14,77,169/- which was
deposited with M/s Bajaj Allianz Life Insurance Company Limited,
where the complainant was the Senior Branch Manager.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that admittedly in the terms of allegation,
Patna High Court CR. MISC. No.60122 of 2024(6) dt.03-02-2026
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the only allegation which is available against this petitioner is to
use his desktop by other co-accused persons who were none but
the colleagues of the petitioner. It is submitted that admittedly the
system was logging with other user ID and Password, which is not
connected in any manner with this petitioner and, moreover, the
amount which was alleged to withdrawn illegally was never
transferred to the account of this petitioner, rather it was
transferred to the account of one Nigam Singh and, as such, this
petitioner is also not appears beneficiary of the alleged illegal
withdrawal. Petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. Learned counsel Mr. Dhananjay Kashyap, appearing
on behalf of the informant, while opposing the prayer of
anticipatory bail submitted that the petitioner involved actively
during the occurrence and his desktop was used by other co-
accused persons, which shows his connivance with other accused
persons, however he could not disputed the factual submission as
submitted aforesaid by learned counsel appearing for the
petitioner.
7. In view of aforesaid factual submissions and by
taking note of fact as admittedly the transactions was not made
with user ID and password of petitioner, where he also not appears
Patna High Court CR. MISC. No.60122 of 2024(6) dt.03-02-2026
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the beneficiary of alleged transactions, accordingly, above named
petitioner, in the event of his arrest or surrender before the
learned trial Court, within a period of four weeks of the order, is
directed to be released on bail furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each
to the satisfaction of the learned Sessions Judge,
Saharsa/concerned Court, where the case is pending in connection
with Saharsa Sadar P.S. Case No. 750 of 2023 subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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