Awadhesh Kumar @ Awadhesh Kumar Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5648 of 2026 Arising Out of PS. Case No.-111 Year-2021 Thana- BRAHMPUR District- Buxar ====================================================== Awadhesh Kumar @ Awadhesh Kumar Sinha S/O Late Rameshwar Prasad R/O Village- Bhikhna Pahari, Pucca Bari, P.S.- Pirbahore, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :
Mrs. Asha Devi, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 467, 468, 471, 409, 420 of the Indian Penal Code.
3. As per F.I.R., on 17.02.2021, informant came to know that Rs. 4,30,000/- was illegally withdrawn from his account.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Petitioner is not named in the F.I.R. and his name transpired during course of investigation on the ground that at the relevant time, this petitioner processed and cleared the alleged cloned cheque of Rs. 4,30,000/-. He further submits that no doubt petitioner failed to detect the cloned cheque but subsequently, bank authority treated it as a cyber crime and after obtaining the fraud amount
Patna High Court CR. MISC. No.5648 of 2026(2) dt.04-02-2026 2/2 from insurance company, bank credited Rs. 4,30,000/- in the business account of the informant on 28.02.2021 and information regarding the same was given to the Station House Officer of Brahampur Police Station vide letter dated 28.02.2022 (Annexure- P/2 & P/3). Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering nature of accusation, clean antecedent and the fact that alleged amount has already been deposited in the account of informant, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Brahampur P. S. Case No. 111 of 2021, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T