Sanjay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32456 of 2025 Arising Out of PS. Case No.-44 Year-2024 Thana- Cyber P.S. District- Khagaria ====================================================== Sanjay Kumar Singh S/o Late Sharda Prasad Singh Resident of VillageHouse No. 239, Pararia, Saharsa, P.S.- Kasnagar Bazar, Dist- Saharsa, presently residing at M.G. Road, P.S.- Sadar, Distt- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vatsal Verma, Advocate For the Opposite Party/s :
Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner who apprehends arrest in connection with Cyber (Khagaria) P.S. Case No. 44 of 2024 lodged on 21.12.2024 for the offences punishable under sections 319(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 66(D) of the IT Act.
3. As per the prosecution, it is alleged by the informant that she resides in Khagaria and works in the police line, receiving her salary through her State Bank of India account in the Khagaria Bazar branch. Upon updating her bank passbook, she found that Rs.4262/- was withdrawn on 04.12.2024 from her bank account as a loan of HDB Financial
Patna High Court CR. MISC. No.32456 of 2025(3) dt.13-08-2025 2/3 Services. On enquiry, it was found that Aditya Vision had provided a LED television on loan to a female borrower, wherein the Aadhaar number of the informant had been used. The name of the loanee was the same as that of the informant, but the photograph, father's name, and address were different. It is alleged that in Aditya Vision, HDB Financial Services handled all matters related to the loan and that this fraud was committed in connivance with the Manager of HDB Financial Services and the Manager of Aditya Vision.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is the Branch Manager of Aditya Vision, Khagaria. It is submitted that, as stated in the FIR itself, all documents had been provided to the petitioner by the informant. Further, it is contended that the approval of finance is not done at the level of Aditya Vision, but at the level of HDB Financial Services. The petitioner asserts that he is duty-bound to provide every possible assistance to both the informant and the investigating agency. It is further stated that Aditya Vision has itself suffered a loss in this transaction, as the LED TV was handed over to the fraudster and the payment has not been received. Being the Manager of Aditya Vision, the petitioner cannot be involved in such
Patna High Court CR. MISC. No.32456 of 2025(3) dt.13-08-2025 3/3 fraudulent activity.
5. Learned APP for the State opposes the prayer for bail, submitting that from the statement in the FIR it transpires that assistance at the petitioner's level was provided to the informant, on the basis of which the FIR has been lodged.
6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the learned CJM, Khagaria, in connection with Cyber (Khagaria) P.S. Case No. 44 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J) Ashwini/- U T