Patna High Court

Abhishek SinghversusThe State of Bihar

Decided: 6 April 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The Court denied the petitioner's application for regular bail.

Summary

The petitioner, Abhishek Singh, was charged with cheating involving the purchase of jewellery worth Rs. 39,82,337, alleged under Sections 363, 365, 366A and 34 of the Indian Penal Code and Sections 6 and 8 of the POCSO Act. He sought regular bail, claiming innocence and asserting that he had been falsely implicated, though he has one prior criminal antecedent and has been in custody since 4 August 2025. The State opposed the bail, emphasizing the seriousness of the offences and the fact that the ornaments have not been recovered. After hearing the parties, the Court dismissed the bail application, directing the Senior Superintendent of Police to recover the ornaments and report back within eight weeks. The case was listed for further orders after the compliance report.

Issues considered

Whether regular bail should be granted to the petitioner accused of cheating and offences under the POCSO Act.
Whether the petitioner’s prior criminal antecedent and the non‑recovery of the stolen ornaments justify denial of bail.

Legislation cited

Indian Penal Code — s. 34, 363, 365, 366A
Protection of Children from Sexual Offences Act — s. 6, 8

Subjects

bail
cheating
IPC
POCSO Act
criminal antecedent
high court
regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.91331 of 2025

                     Arising Out of PS. Case No.-424 Year-2024 Thana- KADAMKUAN District- Patna
                 ======================================================
                 Abhishek Singh S/O Kamlesh Singh R/O Vill.- Pokhdaha, P.S-Kotwali, Dist.-
                 Sultanpur UP

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Prashant Bhansali S/O.-Mahendra Bhansali, R/O-Manager Kripa Shree
                 Jewellers Pvt. Ltd, (Tanishque Show Room) Infront of Hathua Market, Bari
                 Road, P.S.-Kadam Kuan, Patna


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Ramakant Sharma, Sr. Advocate
                                                 Mr. Rakesh Kumar Sharma

                 For the State           :       Mr. Jharkhandi Upadhyay, APP

                 For the Informant       :       Mr. Gouranga Chaterjee, Sr. Advocate
                                                 Mr. Ashok Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   06-04-2026                     Heard Mr. Ramakant Sharma, learned senior counsel

                   for the petitioner, Mr. Gouranga Chatterjee, learned senior

                   counsel for the informant and Mr. Jharkhandi Upadhyay, learned

                   APP for the State.

                                  2. The petitioner seeks regular bail in connection with

                   Ramnagar P.S. Case No. 133 of 2024 registered for the offence

                   under Sections 363, 365, 366A/34 of the Indian Penal Code and

                   sections 6 and 8 of the POCSO Act.

                                  3. The petitioner is accused of cheating Tanishq
Patna High Court CR. MISC. No.91331 of 2025(4) dt.06-04-2026
                                            2/3




          Showroom which is being managed by the Franchise, Prashant

          Bhansali. The allegation against the petitioner is that he

          purchased some ornaments and paid an amount of Rs.

          39,82,337/- through bank transfer. Subsequently, the informant

          was informed that the account from which the money was

          transferred was suspect account and therefore the payment was

          stopped. Thereafter, the face of the person who had committed

          the fraud was captured in the CCTV footage. The petitioner was

          remanded in this case as he was accused in another case bearing

          Cyber City Kota P.S. Case No. 22/2024 and during investigation

          the name of the petitioner has come and it is not in dispute that

          the amount which has been cheated from one Manish Kumar

          Pandey. The ornaments have not been recovered.

                       4. Learned senior counsel for the petitioner submits

          that petitioner is innocent and has falsely been implicated in this

          case. Petitioner has one criminal antecedent and he is in custody

          since 04.08.2025.

                       5. Learned APP for the State opposes the prayer for

          bail.

                       6. Considering the above submissions of the parties,

          this application is dismissed.

                       7. The Senior Superintendent of Police, Patna is
            Patna High Court CR. MISC. No.91331 of 2025(4) dt.06-04-2026
                                                        3/3




                      directed to make all efforts for recovery of gold ornaments

                      which were purchased by the criminals and file a compliance

                      report in this Court within eight weeks.

                                   8. Office is directed to list this case under the heading

                      ‘For Orders’ after eight weeks.


                                                 (Sandeep Kumar, J)

Ranjeet/-

U      T

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