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Patna High Court

Avinash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, directing a bail bond of Rs.10,000 with two sureties.

Summary

Avinash Kumar, a director of Hopecon Infra Projects Pvt Ltd, was alleged to have set up a partnership firm with a name similar to the company, obtained GST registration, opened a bank account and allegedly siphoned funds amounting to about Rs.6.6 crore, also threatening the informant’s husband. The petitioner filed an application for regular bail in connection with FIR No.357/2025, which charged him under IPC sections 420, 406, 419, 467, 468, 469, 506 and 34. The State opposed bail, contending the offences were grave, involving fraud, misappropriation and threats, and that the petitioner had produced forged documents. The Court noted that the petitioner had been in custody for over four months, a chargesheet had been filed, and that a prior order had stayed coercive steps pending further proceedings. Considering the circumstances, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • The appropriateness of granting regular bail to the petitioner given the nature and seriousness of the offences alleged under the IPC.
  • Whether the petitioner’s custody for over four months and the filing of a chargesheet preclude bail.

Legislation cited

Subjects

  • regular bail
  • IPC offences
  • fraud
  • company law
  • misappropriation of funds
  • threats
  • partnership firm
  • GST registration
  • anticipatory bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.87295 of 2025
                      Arising Out of PS. Case No.-357 Year-2025 Thana- PATLIPUTRA District- Patna
                 ======================================================
                 Avinash Kumar S/o Suresh Prasad Jaiswal @ Suresh Prasad Resident at
                 Mohalla Magadh Colony, Kurji, P.O.- Sadaquat Ashram, Patna, P.S.- Digha,
                 District- Patna

                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr. Mrigank Mauli, Sr. Advocate
                                                   Mr. Alok Ranjan, Advocate
                 For the State              :      Mr. Nitya Nand Tiwary, APP
                 For the Informant          :      Mr. P.N. Shahi, Sr. Advocate
                                                   Mr. Apurv Harsh, Advocate
                                                   Mr. Manu Tripurari, Advocate
                                                   Mr. Raghu Raj Pratap, Advocate
                                                   Ms. Jaya Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   20-02-2026                          1. Heard learned counsel for the parties.

                                        2. The petitioner has preferred this application for

                   grant of regular bail in connection with Patliputra P.S. Case

                   no.357 of 2025 registered under sections 420, 406, 419, 467,

                   468, 469, 506 and 34 of the Indian Penal Code.

                                        3. As per the prosecution case, the informant states

                   that she is a Director and shareholder of Hopecon Infra Projects

                   Private Limited which is a company registered under the

                   Companies Act. She further states that the petitioner is amongst
Patna High Court CR. MISC. No.87295 of 2025(4) dt.20-02-2026
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          the four Directors of the Company. Without informing the Board

          of Directors, the petitioner constituted a partnership firm with

          one Reena Kumari and used the name of the firm as Hopecon

          Infra Projects Private Limited which is similar to the name of

          the Company. He also took a GST registration and opened a

          Bank account in the Punjab National Bank. The partnership

          deed of the firm was drafted by Rajeev Kumar, who is the

          statutory auditor of the Company. Subsequently on 27.2.2025,

          the petitioner changed the name of the firm to Hopecon Infra

          Contractors only to create confusion in the mind of the public.

          Sudhanshu Kumar was also added in the partnership firm. GST

          return of the said firm has been filed by Rajeev Kumar. On

          coming to know these facts, the husband of the petitioner Uma

          Shankar Sharma tried to settle the matter amicably, however, the

          petitioner threatened to kill him. The informant finally alleges

          that the accused persons hatched a conspiracy to divert the

          business of the Company and caused wrongful loss to the

          Company.

                       4. Learned Senior counsel appearing for the petitioner

          submitted that the petitioner has been falsely implicated in the

          case only for the purpose of forcing him to relinquish his

          proposed share in the Company ie Hopecon Infra Projects
Patna High Court CR. MISC. No.87295 of 2025(4) dt.20-02-2026
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          Private Limited. Referring to the legal notice at Annexure P/2

          series, it is submitted that while the informant and others were

          aware of the facts prior to the date of the notice ie 8.2.2025, the

          FIR came to be registered only after 6 months on 19.8.2025

          without any explanation for the delay. It is submitted that the

          partnership firm was constituted on 6.6.2023 with the petitioner

          being the major shareholder. It is submitted that false allegation

          with respect to the petitioner having misappropriated a sum of

          Rs.6.60 crores has been levelled for which Patliputra P.S. Case

          no.421 of 2025 was filed by the informant of the present case,

          however, in the application for bail filed by the petitioner under

          section 482 of the B.N.S.S. vide Cr. Misc. no.3846 of 2026, this

          Court vide its order dated 17.2.2026 passed in Cr. Misc. no.3846

          of 2026 while calling for the case diary from the learned Court

          below has directed that till further orders, no coercive steps shall

          be taken against the petitioner in connection with Patliputra P.S.

          Case no.421 of 2025. Learned Senior counsel further submits

          that more than six months after service of the legal notice, the

          instant FIR has been registered only with the allegation that the

          partnership firm has been named in such a manner as to defraud

          the Company. Referring to the GST return at page 39A and the

          Bank transaction at page 40, it is submitted that the same are nil.
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          It is further submitted that co-accused Reena Kumari has been

          enlarged on anticipatory bail vide order dated 27.11.2025 passed

          in ABP no.4557 of 2025 by the learned District and Additional

          Sessions Judge XXXIII, Patna Sadar, Patna. The petitioner who

          is in custody since 5.10.2025 undertakes to cooperate in the

          investigation/trial. Chargesheet has been submitted in the case.

                      5. The application for bail is opposed by learned A.P.P.

          for the State and learned Senior counsel appearing for the

          informant. It is submitted on behalf of the informant that the

          petitioner who is named in the FIR is a key conspirator who

          inspite of being a Director of the Company in question has

          dishonestly floated and operated a parallel entity with a similar

          name with the sole intention of misappropriating the goodwill of

          the informant’s Company. There has been no delay in lodging of

          the FIR nor is it a case of civil nature. It is an incorrect assertion

          on behalf of the petitioner to state that there has been no

          financial transaction. In fact, Rs.5.84 crores was illegally

          siphoned without consent or authorisation of the shareholders or

          the Board of Directors. Wrongful loss has been caused to the

          Company and wrongful gain to the petitioner and his firm. On

          being confronted, the petitioner also issued threats on the life of

          the informant’s husband and has further produced a forged and
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          fabricated no objection certificate before the learned Court

          below during the bail proceedings which has led to the

          informant lodging another FIR being Patliputra P.S. Case no.528

          of 2025. Learned Senior counsel submits that so far as section

          453 of the Companies Act is concerned, the informant could

          have filed an application against some other company and not

          against the petitioner as in the present case, he being one of the

          Directors in this very Company. Referring to the counter

          affidavit     filed,    it   is   submitted          that   there   has   been

          diversion/siphoning of funds with the intention both to defraud

          the Government exchequer as also the Company. The offence

          being grave, the application for bail be rejected.

                       6. Having heard learned counsel for the parties and

          having perused the material on record, this Court finds that by

          order dated 5.1.2026, this Court had on time being sought by

          learned counsel for the informant granted three weeks to file a

          counter affidavit explaining the loss incurred by the informant to

          the tune of Rs.6 crores and odd due to the act of the petitioner.

          Without going into the details of the case of the parties, as stated

          in the counter affidavit and the bail petition, it may be observed

          here that so far as the loss of about 6.6 crores is concerned, a

          separate Patliputra P.S. Case no.421 of 2025 has been registered
Patna High Court CR. MISC. No.87295 of 2025(4) dt.20-02-2026
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          by the informant against the petitioner which is the subject

          matter in the application for anticipatory bail filed by the

          petitioner vide Cr. Misc. no.3846 of 2026. As stated above, this

          Court vide its order dated 17.2.2026 passed in the said case has

          directed that till further orders, no coercive steps shall be taken

          against the petitioner.

                       7. So far as the allegation on behalf of the informant

          of the petitioner having produced a forged and fabricated no

          objection certificate is concerned, the same is the subject matter

          of Patliputra P.S. Case no.528 of 2025 lodged by the informant

          against the petitioner.

                       8. Thus, so far as the instant case is concerned, the

          allegation against the petitioner is that he set up a partnership

          firm with similar name as the Company with an intention to

          defraud the Company and the informant.

                       9. In view of the facts and circumstances of the case,

          the nature of allegations in the FIR, the submissions made as

          noted herein above, the petitioner having remained in custody

          for over 4 months since 5.10.2025 and chargesheet having been

          submitted in the case, the Court directs the petitioner to be

          enlarged on bail in connection with Patliputra P.S. Case no.357

          of 2025 on furnishing bail bond of Rs.10,000/ (Rupees Ten
            Patna High Court CR. MISC. No.87295 of 2025(4) dt.20-02-2026
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                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Additional Chief Judicial Magistrate-

                      X, Patna.



                                                  (Partha Sarthy, J)
Saurabh/-

U      T


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