Patna High Court

Saurabh KumarversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The Court held that bail should be granted to the petitioner.

Summary

The petitioner, Saurabh Kumar, was arrested in connection with a police case alleging that he obtained fingerprints to link an Aadhaar number with a mobile number and subsequently caused a deduction of Rs.4,000 from a bank account, invoking sections 316(2), 319(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he was falsely implicated and that the investigation had produced no material linking him to the alleged deduction, emphasizing his lack of criminal antecedent and the fact that he had been in custody for four months after the chargesheet was filed. The State opposed bail, arguing the seriousness of the fraud allegations. The Court, after considering the nature of the allegations, the petitioner’s clean record, the duration of custody, and the filing of the chargesheet, ordered that regular bail be granted on a bond of Rs.10,000 with two sureties, subject to cancellation if a criminal antecedent later emerges. The order reflects the Court’s discretion to balance the presumption of innocence against the seriousness of the alleged offence.

Issues considered

Whether regular bail should be granted in a case under sections 316(2), 319(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 involving alleged fraud.
Whether the petitioner’s lack of criminal antecedent and the filing of a chargesheet justify bail despite the seriousness of the allegations.
Whether the prosecution’s evidence is sufficient to deny bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 319(2)

Subjects

regular bail
Bharatiya Nyaya Sanhita
section 316
section 319
section 318
fraud
false implication
criminal antecedent
surety
chargesheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88034 of 2025
                       Arising Out of PS. Case No.-62 Year-2025 Thana- Gokhulpur District- Nalanda
                 ======================================================
                 Saurabh Kumar S/o Ashok Prasad Resident of Village- Bodhnagar, P.S.-
                 Gokhulpur, Dist.- Nalanda
                                                                       ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Atulya Anand, Advocate
                 For the Opposite Party/s :        Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER
5   24-02-2026                      1. Heard learned counsel for the parties.

                                    2. The petitioner has preferred this application for

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

                   no.62 of 2025 registered under sections 316(2), 319(2) and

                   318(4) of the Bharatiya Nyaya Sanhita, 2023.

                                    3. As per the prosecution case, the informant states

                   that the petitioner took the finger print of all the ten fingers for

                   the purpose of connecting the Aadhaar number with his

                   registered mobile number. Soon thereafter, it transpired that

                   Rs.4,000/ has been deducted from his Bank account. As such the

                   FIR.

                                  4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case. No material

                   has transpired in course of investigation to connect that the

                   amount of Rs.4,000/ has been deducted by the petitioner or the
            Patna High Court CR. MISC. No.88034 of 2025(5) dt.24-02-2026
                                                        2/2




                      same was credited in the petitioner’s account. The petitioner is

                      in custody since 7.10.2025 and chargesheet has been submitted

                      in the case. He has no criminal antecedent.

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

                      for the State.

                                      6. Having heard learned counsel for the parties and

                      taking into consideration the nature of allegation against the

                      petitioner in the FIR, the submissions made by learned counsel

                      for the petitioner, the petitioner being in custody for four months

                      since 7.10.2025, not having any criminal antecedent and

                      chargesheet having been submitted in the case, the Court directs

                      the petitioner to be enlarged on bail in connection with

                      Gokhulpur P.S. Case no.62 of 2025 on furnishing bail bond of

                      Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned District and

                      Additional Sessions Judge 1st, Biharsharif, Nalanda.

                                    7. It may further be observed that in case it transpires

                      that the petitioner had criminal antecedent, the prosecution will

                      be at liberty to move this Court for cancellation of bail of the

                      petitioner.


                                                  (Partha Sarthy, J)
Saurabh/-
U      T

Continue reading with your account

Checking your session…