Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30912 of 2026 Arising Out of PS. Case No.-442 Year-2023 Thana- CHHATAUNI District- East Champaran ====================================================== Abhishek Kumar S/o Kanhaiya Prasad Yadav Resident of village - Bokane Kalan, P.S.- Patahi, Distt.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Adv For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-05-2026 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Chhatauni P.S. Case No. 442 of 2023 registered for the offences under Sections 406, 420, 409 and 34 of the IPC
3. As per FIR, informant states that in a transaction of sale of immovable property he received Rs.40.5 lakhs in cash. He got in contact with the persons as descried in detail in the FIR for depositing the cash in the Axis Bank. It is stated that Abhishek Kumar an employee of the Axis Bank was asked to arrange for deposit of the cash in the Bank. The said Abhishek Kumar informed that Awanish Kumar would get the amount deposited. Awanish Kumar demanded a sum of Rs.25,000/- and was paid Rs.18,000/- online. It is further stated that on carrying the total amount to the bank, he was informed that the amount
Patna High Court CR. MISC. No.30912 of 2026(2) dt.13-05-2026 2/3 could not be deposited. Once again getting in touch with the Abhishek Kumar, the informant was made to talk to Dhiraj Kumar who demanded a sum of Rs.1.5 lakhs for providing them security. It is further stated that Dhiraj Kumar along with Badal Pandey and Bhardul Kumar proceeded on motorcycle. On being asked to stop the motorcycle, they moved into unknown lane. However, on seeing the police personnel the accused persons fled away. The informant states that the accused persons including the petitioner herein were making plans to embezzle the money being carried by the informant and for this reason he had been taken to an unknown place.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in the case. At the outset it is submitted that no amount was looted from the informant. The case of the petitioner stands on a similar if not on better footing of that of co-accused Dhiraj Kumar @ Desh Bandhu Kumar and Bhardul Kumar @ Abhishek Kumar as also Badal Pandy who have been enlarged on bail vide common order dated 13.12.2024 and co-accused Awanish Kumar who has been enlarged on bail vide order dated 12.3.2024, both the orders having been brought on record as Annexure-P/2 series to this petition. The petitioner has no criminal antecedent and
Patna High Court CR. MISC. No.30912 of 2026(2) dt.13-05-2026 3/3 undertakes to cooperate in the investigation/trial.
5. Learned APP, opposes the prayer for bail.
6. In view of the facts and circumstances as mentioned above as prima-facie, no amount having been looted from the possession of the informant coupled with fact similarly situated co-accused has already granted bail by one of the learned Co-ordinate Bench, accordingly petitioner above named, who is of clean antecedent, in the event of his arrest or surrender before the learned trial court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari, East Champaran/concerned trial court where the case is pending in connection with Chhatauni P.S. Case No. 442 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J) S.Tripathi/- U T