Patna High Court
Ashwani Kumar Supta @ Ashwani Kumar Supra @ Ashwini Kumar SuktaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, subject to a bail bond and sureties.
Summary
The petitioner, Ashwani Kumar Supta, applied for regular bail in a case registered under sections 316(2) and 318(4) of the Bihar Negotiable Instruments Act. The prosecution alleged that the petitioner, posing as a gold supplier, induced a bookseller to transfer Rs. 1,05,000 to his account and pay Rs. 5,00,000 in cash, constituting fraud. The petitioner contended that he is innocent, is a palmist who only purchased books, and that the alleged cash transaction never occurred, citing a returned payment of Rs. 1,90,000 as evidence. The State opposed bail, highlighting three prior criminal antecedents of the petitioner. After considering the facts, the court decided to enlarge bail, directing release upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Patna.
Issues considered
- Whether regular bail should be granted to the petitioner under sections 316(2) and 318(4) of the Bihar Negotiable Instruments Act despite the alleged fraud and prior criminal antecedents.
Legislation cited
- Bihar Negotiable Instruments Act — s. 316(2), 318(4)
Subjects
- regular bail
- fraud
- criminal antecedents
- Bihar Negotiable Instruments Act
- sections 316
- section 318
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9340 of 2026
Arising Out of PS. Case No.-279 Year-2025 Thana- GANDHIMAIDAN District- Patna
======================================================
Ashwani Kumar Supta @ Ashwani Kumar Supra @ Ashwini Kumar Sukta
S/o Sudesh Kumar Chauri @ Sudesh Kumar Chaudhary @ Suresh Kumar
Chaudhary R/o Flat No. 604, F big civitec Stadia, PS- Sector 79, Dist-Gautam
Buddha Nagar, Noida, Uttar pradesh
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 09-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 316 (2),
318 (4) of the BNS.
3. The case of the prosecution, in short, is that the
informant, who is a bookseller came into contact with the
petitioner. After the petitioner contacted him for purchasing
books, it is alleged that during the course of their interaction,
the petitioner assured the informant that he could arrange gold at
a lower rate, purportedly seized by customs authorities. Relying
on such assurance, the informant agreed to meet the petitioner at
Hotel Maharaj INN. It is further alleged that the informant
Patna High Court CR. MISC. No.9340 of 2026(4) dt.09-04-2026
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transferred a total sum of Rs. 1,05000/- to the petitioner’s
account and also paid an additional amount of Rs. 5,00,000/- in
cash to him.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
petitioner is a Palmist and had merely purchased certain books
from the shop of the informant. It is further submitted that
Annexure-2 will also go to show that the petitioner had paid a
sum of Rs. 1,90,000/- to the informant on 28.03.2025 which
was subsequently returned by the informant. It is further
submitted that the allegation regarding payment of Rs.
5,00,000/- in cash is wholly false and fabricated and no such
transaction ever took place. It is further submitted that the case
is presently pending before the learned Judicial Magistrate, 1st
Class Moreover, the petitioner is languishing in judicial custody
since 16.09.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail stating that the petitioner has three
criminal antecedents.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
Patna High Court CR. MISC. No.9340 of 2026(4) dt.09-04-2026
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bail. The above named petitioner is directed to be released on
bail in connection with Gandhi Maidan P.S. Case No. 279 of
2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned SDJM, Patna.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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