Patna High Court
Aakash Kumar Deep @ Akash Kumar DeepversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Aakash Kumar Deep, sought anticipatory bail after being implicated in a fraud case where he was alleged to have taken Rs. 13,50,000 from an informant in exchange for forged railway job certificates. He contended that only Rs. 1,30,000 was transferred to his Google Pay account by his father, which he had already returned to the informant, and that he was innocent and merely implicated due to his father's involvement. The State opposed the bail, citing multiple offences under the B.N.S. The Court considered the general nature of the accusations, the petitioner's clean antecedents, and the restitution of the money, and decided to grant anticipatory bail. The bail was conditioned on furnishing a bail bond of Rs. 10,000 with two sureties and compliance with Section 482(2) of the B.N.S.S. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations under Sections 318(4), 319(2), 338, 336(3), 340(2), 351(2), 61(2) and 3(5) of the B.N.S.
- Whether the petitioner’s return of the alleged amount and his clean antecedents justify bail
Legislation cited
Subjects
- anticipatory bail
- fraud
- forged certificates
- clean antecedents
- Section 482
- B.N.S.
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72889 of 2025
Arising Out of PS. Case No.-450 Year-2024 Thana- SULTANGANJ District- Bhagalpur
======================================================
Aakash Kumar Deep @ Akash Kumar Deep S/o- Shankar Prasad Sah R/v-
Abuganj, P.S- Sultanganj, Dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ravish Mishra, Advocate
For the State : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 318(4),
319(2), 338, 336(3), 340(2), 351(2), 61(2) and 3(5) of the
B.N.S..
3. As per prosecution case, informant, namely Neeraj
Kumar, alleged that all the F.I.R. named accused persons,
including this petitioner, in lieu of providing Government job in
Railways, fraudulently took Rs. 13,50,000/- from him and gave
him forged certificates of job.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. From bare perusal of the F.I.R. it is
Patna High Court CR. MISC. No.72889 of 2025(2) dt.16-01-2026
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apparent that a sum of Rs. 1,30,000/- was taken by the father of
this petitioner using the Google Pay account of the petitioner
and petitioner cannot be faulted for the same. It is further
submitted that even the alleged sum of Rs. 1,30,000/- which was
transferred in the account of this petitioner has already been
returned to the informant through demand draft. Petitioner is a
student and has falsely been implicated in this case merely
because he happens to be son of the main accused in this case,
namely Shankar Prasad Sah. Petitioner claims clean
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, clean
antecedents of the petitioner and the fact that petitioner has
already returned the sum which was allegedly transferred in his
account, the prayer for grant of anticipatory bail to the petitioner
is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
Patna High Court CR. MISC. No.72889 of 2025(2) dt.16-01-2026
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10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Bhagalpur in connection with Sultanganj P.S. Case No. 450 of
2024, subject to condition as laid down under Section 482(2) of
the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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