Patna High Court
Ram Mohan Kumar @ Mohan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was not warranted and the petition was dismissed.
Summary
Ram Mohan Kumar sought anticipatory bail fearing arrest in a case registered under sections 316(2) and 318(4) of the Bihar Negotiable Instruments Act, relating to alleged misappropriation of funds under the Bihar State Crop Assistant Scheme. The prosecution alleged that the petitioner obtained a fingerprint from a beneficiary, Rekha Devi, and siphoned Rs. 2,400 out of Rs. 5,000 credited to her account. The petitioner contended that all amounts were transferred to the intended beneficiary’s account and he had no money in his own account, offering affidavits to support his claim. The State relied on a police report (Memo No. 860 dated 21.07.2025) confirming the allegation of theft. The Court examined the material on record, found the allegations credible, and held that no sufficient ground existed to grant anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under sections 316(2) and 318(4) of the Bihar Negotiable Instruments Act in view of the alleged theft.
- Whether the police report and the affidavit evidence are sufficient to deny bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 316(2), 318(4)
Subjects
- anticipatory bail
- fraud
- fingerprint
- Bihar State Crop Assistant Scheme
- sections 316
- section 318
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68211 of 2025
Arising Out of PS. Case No.-131 Year-2025 Thana- TARIYANI CHOWK District- Sheohar
======================================================
Ram Mohan Kumar @ Mohan Kumar S/o- Bijali Prasad R/v - Gaushpur, P.s.
Tariyani, District - Sheohar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Kumari Sujata Sinha, Adv.
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 11-02-2026 Heard Mrs. Kumari Sujata Sinha, learned counsel for
the petitioner and Mr. Bharat Bhushan, learned APP.
2. The petitioner apprehends his arrest in connection
with Tariyani P.S. Case No. 131/2025 for the offence registered
under sections 316(2), 318(4) of the BNS.
3. As per the prosecution story, the informant alleged
that accused persons have forcibly taken away the money from
the amount that was allotted under Bihar State Crop Assistant
Scheme. In that background, the District Magistrate, Sheohar
made direction for lodging of the FIR against whom the
allegations cropped up, petitioner included. This led to the FIR.
4. Learned counsel for the petitioner submits that all
the amounts have gone to the beneficiary’s account, nothing in
the account of the petitioner and some of them are ready to put
Patna High Court CR. MISC. No.68211 of 2025(4) dt.11-02-2026
2/2
it on affidavit. Earlier, the Co-ordinate Bench had directed the
State Counsel to file affidavit and the same has come through
the District Co-operative Officer-cum-Assistant Registrar,
Sheohar.
5. Learned APP, Mr. Bharat Bhushan has taken this
Court to the S.P. Sheohar report vide Memo no. 860 dated
21.07.2025 (Annexure-C series) to show that at least one
amongst number of aggrieved persons (Rekha Devi) alleged that
the petitioner came to her house and took her fingerprint, as a
result whereof, out of Rs. 5,000/- which came in her account,
Rs. 2,400/- was deducted.
6. Allegation is there, the S.P., Sheohar has got it
supervised and had confirmed the case to be true, the petitioner
as alleged has looted the innocent people and from a meagre
amount of Rs. 5,000/-, has siphoned off Rs. 2,400/0. He has
criminal antecedent too, in that background, no case of
anticipatory bail is made out.
7. Cr. Misc. No. 68211 of 2025 stands rejected.
(Rajiv Roy, J)
Vijay Singh/-
U T
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