Created by Fuzzy Cloud

Patna High Court

Aniket Kumar @ GoluversusThe State of Bihar

Decided
Disposal
REJECTED

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relied on the statements of a police informant who reported the discovery of a dead body and alleged that Kumar had withdrawn Rs.36,000 from the deceased’s ATM card, as captured on CCTV.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

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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.