Patna High Court
Aniket Kumar @ GoluversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court refused to grant bail to the petitioner.
Summary
Aniket Kumar was arrested on 14 February 2025 in connection with a case of alleged fraud under Section 103(1) of the Bihar Negotiable Instruments Act. The prosecution’s case relied on the statements of a police informant who reported the discovery of a dead body and alleged that Kumar had withdrawn Rs.36,000 from the deceased’s ATM card, as captured on CCTV. The petitioner’s counsel argued that he has a clean record, was not originally named in the FIR, and that the allegations are fabricated, citing lack of direct evidence and reliance on call data records. The State opposed the bail application, emphasizing the seriousness of the offence and the evidentiary material. The court, after considering the facts and the evidence presented, declined to grant bail, refusing the petitioner’s prayer.
Issues considered
- What is the appropriate consideration for granting bail in a case under Section 103(1) of the Bihar Negotiable Instruments Act?
- Does the evidence presented by the prosecution justify continued detention of the petitioner pending trial?
Legislation cited
- Bihar Negotiable Instruments Act — s. 103(1)
Subjects
- bail
- criminal procedure
- Section 103
- ATM fraud
- forgery
- investigation
- call data records
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81190 of 2025
Arising Out of PS. Case No.-48 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
Aniket Kumar @ Golu S/O Vijay Kumar Singh R/O Ajgara, P.S- Bhadaur,
Distt.- Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Bihari Singh, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 28-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.02.2025 in connection with Athmalgola P.S. Case No. 48 of
2025 for the offence punishable under Section 103(1) of BNS.
3. The case of the prosecution, in brief, is based on
the self-statement of Naveen Kumar station Singh, S.H.O,
Athmalgola police (herein after referred as informant) on
2/02/2025 where he alleged that on about 8:00 am morning
informant got information from the local villagers from phone
that one dead body was lying on the four lane for that one Sanha
no- 75/2025 was lodge on dt-2.02.2025 by the informant and
after that the informant reach on the spot and recover one dead
body of unknown person and send hospital for postmortem as
Patna High Court CR. MISC. No.81190 of 2025(5) dt.28-04-2026
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the name of the person whose dead body was lying was Dipak
Kumar and the family of the deceased took the dead body as
they ensure that they will lodge F.I.R after the cremation of
Dipak Kumar but after the repeated call from the police station
the family of Dipak Kumar didn't lodge any complain for that
the informant himself lodged F.I.R on 5.02.2025
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and is innocent and he has
falsely been implicated in the present case. It is further
submitted that the allegation as alleged in the FIR is forged and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. It is next submitted that, in fact, the
petitioner was not named in the FIR and the name of the
petitioner has transpired during the course of investigation on
the basis of CDR. Apart from that the petitioner has confessed
his guilt in the present occurrence, thereafter, the house of the
petitioner was raided by the police where purse, ATM card and
mobile phone etc. were recovered from the possession of the
petitioner which was also come in paragraph-109 of the case
diary that the petitioner has withdrawn Rs.36,000/- from the
ATM card of the deceased which was captured in the CCTV of
the ATM.
Patna High Court CR. MISC. No.81190 of 2025(5) dt.28-04-2026
3/3
5. The learned Additional Public Prosecutor for the
State, on the other hand, has vehemently opposed the prayer for
bail of the petitioner.
6. Considering the facts and circumstances of the case
supported by the evidence, I am not inclined to enlarge the
petitioner on bail in connection with Athmalgola P.S. Case No.
48 of 2025 pending in the court of learned SDJM, Barh, Patna.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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