Afsar Kamal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27357 of 2026 Arising Out of PS. Case No.-56 Year-2026 Thana- KOTWA District- East Champaran ====================================================== Afsar Kamal, Son of Late Md. Obaidulla, Resident of Village - Dipahi, P.S. - Chiraiya, District - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rizwanul Jama Khan, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in connection with Kotwa P.S. Case No. 56 of 2026 registered for the offence punishable under Sections 111(2), 318(4), 316(2), 338, 3(5) of the BNS.

3. The case of the prosecution, in short, is that FIR named accused persons approached the informant and represented themselves to be connected with a government department assuring appointment to the post of "Police Mitra". It is alleged that on such false representation they obtained the informant's documents of educational qualification and they dishonestly took Rs. 4,00,000/-, thereafter, the informant was taken to Kotwa Police Station, where, he was made to mark his

Patna High Court CR. MISC. No.27357 of 2026(2) dt.23-04-2026 2/3 attendance under the false pretext of appointment for which a forged appointment was also issued. It is further alleged that when the informant demanded his wages he was only given assurance and the salary was not given to him.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. He also submits that the learned trial court has recorded that during course of investigation the petitioner was apprehended by police. In para 24 of the case diary, it i categorically stated that the petitioner has been arrested with the car, bearing car no. BR06DR6721 and the front head of the car "Police Mitra Seva Bhavi Foundation, Bihar Pradesh Adyaksh" was written and the identity card which was provided by the accused in the pretext of job was also recovered from the petitioner. He further submits that the allegation of taking cash from the informant is against co-accused persons. The petitioner has been framed in this case only on the basis of the car which had the "Police Mitra Seva Bhavi Foundation, Bihar Pradesh Adyaksh" written on the front head of the car. Petitioner has one criminal antecedent under the Electricity Act. Moreover, the petitioner is languishing in judicial custody since 06.02.2026.

Patna High Court CR. MISC. No.27357 of 2026(2) dt.23-04-2026 3/3

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, East Champaran, in connection with Kotwa P.S. Case No. 56 of 2026.

(Ashok Kumar Pandey, J) khushbu/- U T