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Patna High Court

Amit Kumar @ Sanjay Kumar @ Verma JeeversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The bail application was dismissed; the petitioner was not granted bail.

Summary

The petitioner, Amit Kumar, was arrested in connection with a fraud case alleging he duped an informant of approximately two crore rupees and impersonated an employee of the Food Corporation of India. He faces charges under IPC sections 406 (criminal breach of trust), 420 (cheating), 34 (common intention) and under the Bharatiya Nyaya Sanhita, 2023 sections 336(3), 338, 340(2) and 341(1). The petitioner contended that he was falsely implicated, that the transactions cited in the FIR pertain to others, and that he is not an FCI employee, while acknowledging six prior criminal antecedents. The prosecution opposed bail, emphasizing the seriousness of the offences and the petitioner’s criminal record. The High Court, after considering the submissions, declined to grant bail, dismissing the application but allowing the petitioner to re‑apply in the future.

Issues considered

  • What is the appropriate bail jurisprudence applicable to offences under IPC sections 406, 420, 34 and B.N.S. sections 336(3), 338, 340(2), 341(1) in view of the seriousness of the alleged fraud?
  • Do the petitioner’s prior criminal antecedents and the nature of the allegations justify the denial of bail?

Legislation cited

Subjects

  • bail
  • fraud
  • criminal breach of trust
  • cheating
  • impersonation
  • IPC
  • Bharatiya Nyaya Sanhita
  • criminal antecedents
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.90835 of 2025

                        Arising Out of PS. Case No.-140 Year-2024 Thana- NATWAR District- Rohtas
                 ======================================================
                 Amit Kumar @ Sanjay Kumar @ Verma Jee, Son of Ramashray Singh, R/o
                 Village - Sisirit Tola(Keshav Singh Tola), P.S. - Dharampura, Dist. - Rohtas.


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


                                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Uday Shankar Choudhary, Adv.
                                                   Mr. Adarsh, Adv.
                                                   Mr. Amitesh Kumar, Adv.
                 For the O.P. No. 2       :        Mr. Sagar Suman, Adv.
                                                   Mr. Ranjeev Ranjan, Adv.
                                                   Mr. Surya Swetabh, Adv.
                 For the State            :        Mr. Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                                   ORAL ORDER


3   11-02-2026                     Heard the learned counsel for the parties.

                                  2. The petitioner seeks bail in connection with Natwar

                   P.S. Case No. 140 of 2024, dated 14.08.2024, instituted for the

                   offences under Sections 406, 420 and 34 of the Indian Penal

                   Code and Sections 336(3), 338, 340(2) and 341(1) of the

                   Bharatiya Nyaya Sanhita, 2023 (B.N.S.) were added later on.
Patna High Court CR. MISC. No.90835 of 2025(3) dt.11-02-2026
                                            2/3




                       3. The allegation against the petitioner is that he had

          duped the informant for almost rupees two crores.

                       4. The learned counsel for the petitioner submits that

          he has falsely been implicated in this case merely on suspicion.

          It has been submitted that the transactions, which have been

          shown in the F.I.R., does not relate to the petitioner rather it has

          been attributed in the name of other persons and a firm. It has

          also been submitted that the petitioner is not an employee of the

          F.C.I. and it has wrongly been stated in the F.I.R. that he is an

          employee of the F.C.I. and on such presumption, he has falsely

          been implicated in this case. It has been admitted that though

          the petitioner has six criminal antecedents against his name, but

          in the present case he is in custody since 18.09.2025.

                       5. The learned counsel appearing on behalf of the

          informant submits that the petitioner has not only defrauded the

          informant of his valuable money, but he has also played

          mischief with the organization like the F.C.I. It has further been

          submitted that it is a case of impersonation and the petitioner

          projecting himself to be an employee of the F.C.I. and has duped

          the informant. It has also been submitted that the petitioner had

          been instrumental in getting the amounts deposited in the third

          party account(s) and, in fact, he is the main conspirator.
            Patna High Court CR. MISC. No.90835 of 2025(3) dt.11-02-2026
                                                        3/3




                                   6. The learned Addl. Public Prosecutor for the State

                      has vehemently opposed the prayer for bail.

                                   7. Considering the aforesaid submissions and taking

                      into account the nature of allegations levelled against the

                      petitioner as also his criminal antecedents, I am not inclined to

                      grant him bail.

                                   8. The prayer for grant of bail of the petitioner is,

                      accordingly, rejected.

                                   9. However, the petitioner is at liberty to approach

                      this Court for grant of bail, as and when advised.

                                   10. The application stands dismissed.



                                               (Sourendra Pandey, J)
Praveen-II/-

U       T


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