Patna High Court

Bablu ChaudharyversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL REJECTED
Bench: CHANDRA SHEKHAR JHA

Holding

Anticipatory bail was denied as the petitioner was involved in serious offences and there was unexplained recovery of cash and other items.

Summary

The petitioner, Bablu Chaudhary, was named in an FIR for alleged fraud and related offences under several sections of the Bihar Negotiable Instruments Act and the Information Technology Act. During a police raid, cash of Rs. 1,35,000, ATM cards, passbooks, and cheque books were recovered from his premises. The petitioner claimed the cash was a withdrawn LIC payment of Rs. 1,50,000 and that the ATM card and account belonged to his brother and mother. The prosecution argued the withdrawn amount pre‑dated the alleged offence and that there was no explanation for the other recovered items, also noting the petitioner’s involvement in another similar criminal case. Considering the unexplained recovery of cash and documents and the petitioner’s prior criminal involvement, the court rejected his anticipatory bail application.

Issues considered

Whether anticipatory bail should be granted to the petitioner given the nature of the offences and unexplained recovery of cash and other items.
Whether the prior withdrawal of funds on 03.07.2024 severs any connection with the present recovery.
Whether the petitioner’s involvement in another similar criminal case affects the grant of anticipatory bail.

Legislation cited

Bihar Negotiable Instruments Act — s. 303(2), 318(2), 318(4), 319(2), 336(2), 336(3), 340(2), 61(2)
Information Technology Act, 2000 — s. 66, 66(D)

Subjects

anticipatory bail
cyber crime
fraud
Information Technology Act
Bihar Negotiable Instruments Act
cash recovery
multiple offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9590 of 2026
                       Arising Out of PS. Case No.-45 Year-2025 Thana- Cyber P.S. District- Nawada
                 ======================================================
                 Bablu Chaudhary son of Late Krishna Chaudhary Resident of Village-
                 Chakway, P.S.- Warsaliganj, District- Nawada.
                                                                      ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Binod Kumar
                 For the Opposite Party/s :        Mr.Zainul Abedin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
2   13-02-2026                    Heard the parties.

                                2.The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Cyber

                   (district Nawada) P.S. Case No. 45 of 2025 registered

                   for the offence under Sections 303(2), 318(2),

                   318(4), 319(2), 336(2), 336(3), 340(2), 61(2) of BNS

                   and Section 66 and 66(D) of IT Act.

                                3. The allegation against petitioner is to

                   commit fraud alongwith other co-accused person

                   where during raid petitioner could not apprehended

                   by police and upon search of the room of the

                   petitioner the cash of Rs. 1,35,000/- several ATM

                   cards, pass books, cheque books alleged to be

                   recovered.

                                4.    It      is   submitted         by     learned        counsel

                   appearing on behalf of the petitioner that in fact the

                   amount was credited to the bank account of the

                   petitioner by LIC for Rs. 1,50,000/- which was
Patna High Court CR. MISC. No.9590 of 2026(2) dt.13-02-2026
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          withdrawn by him and it was same cash which

          alleged to be recovered. It is submitted that even

          ATM card and account is in the name of Pappu

          Chaudhary and mother of this petitioner namely,

          Lalo     Devi.       While       concluding          arguments,      it   is

          submitted that petitioner found involved in one more

          criminal case where he is on bail.

                       5. Learned APP while opposing the prayer of

          bail submitted that the amount, in issue, as per

          Annexure-P/2             appears          to        be   withdrawn        on

          03.07.2024 i.e., 10 months before the occurrence

          and therefore, it is not even remotely connected with

          present recovery. It is submitted that beside one

          account in the name of Pappu Chaudhary and one

          ATM in the name of mother Lalo Devi, there is no

          explanation for other recovery.

                        6. In view of aforesaid factual submission

          and also considering unexplained recovery of cash

          and cheque book, coupled with the fact that

          petitioner found involved in one more criminal case

          of similar nature, accordingly, prayer of anticipatory

          bail of above-named petitioner stands rejected.
            Patna High Court CR. MISC. No.9590 of 2026(2) dt.13-02-2026
                                                        3/3




                                                              (Chandra Shekhar Jha, J)
Sudha/-
U       T

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