Patna High Court

Rakesh KumarversusThe State of Bihar

Decided: 22 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court denied anticipatory bail to the petitioner.

Summary

The petitioner, Rakesh Kumar, a director of Gateway Communication Private Limited, is alleged to have taken Rs. 4,89,444 from an informant under the pretense of granting a franchise and supplying goods such as laptops and routers, but failed to deliver the promised items or salary, returning only Rs. 1,59,000. An FIR was lodged charging him under Sections 303(2) and 318(4) of the Bihar Negotiable Securities Act, 2023. Fearing arrest, the petitioner applied for anticipatory bail. The learned counsel for the State opposed the bail, arguing the seriousness of the economic offence. The Court examined the nature of the allegations and the statutory provisions. Considering the gravity of the accusations, the Court rejected the petition for anticipatory bail. Consequently, the petitioner remains liable to be arrested under the FIR.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case registered under Sections 303(2) and 318(4) of the B.N.S., 2023
Whether the nature of the alleged offence justifies denial of anticipatory bail

Subjects

anticipatory bail
economic offence
fraud
Bihar Negotiable Securities Act
section 303
section 318
director
franchise fraud

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82415 of 2025
                        Arising Out of PS. Case No.-2 Year-2025 Thana- Lalmatia District- Bhagalpur
                 ======================================================
                 Rakesh Kumar S/O Chandra Shekhar Gain @ Chandrashekhar Prasad @
                 Chandeshwar Goni R/O Village- Sundar Nagar, Ward No.01, Mahsaul East
                 Rampur, P.S.- Mahasaul, District- Sitamarhi.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Krishna Murari
                 For the Opposite Party/s :         Mr.Murli Dhar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   22-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner apprehends his arrest in a case,

                   registered for offence punishable under Sections 303(2) / 318(4)

                   of the B.N.S., 2023.

                                3. As per F.I.R., the petitioner, who is Director of

                   Gateway Communication Private Limited, took Rs. 4,44,444/-

                   and Rs. 45000, total Rs. 4,89,444/- from the informant in the

                   name of giving franchise and it was promised that goods equal

                   to the payment like laptop, router, table etc. will be given, but

                   neither anything was done nor they were given any kind of

                   salary and out of total Rs. 4,89,444, petitioner returned only Rs.

                   1,59,000/- and did not pay rest money.
           Patna High Court CR. MISC. No.82415 of 2025(3) dt.22-01-2026
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                                  4. Considering the nature of accusation, the prayer

                     for anticipatory bail of petitioner is rejected.



                                           (Prabhat Kumar Singh, J)
anay

U      T

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