Amod Kumar @ Amod Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42423 of 2026 Arising Out of PS. Case No.-46 Year-2026 Thana- UCHKAGAON District- Gopalganj ====================================================== Amod Kumar @ Amod Kumar Singh S/o Yogendra Singh @ Yogendra Kushwaha Resident of Village- Kaprhar Sakhe Khas, P.S.- Uchkagaon, Dist.- Gopalganj ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Chandan Mahto S/o Radha Kshun Mahto R/o Luhsi Nawaka Tola, P.S.- Uchkagaon, Dist.- Gopgalganj ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Dimpal Kumari, Advocate For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-07-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Uchkagaon P.S. Case No. 46 of 2026 lodged on 05.02.2026, for the offence punishable under Sections 316(2), 318(4), 338, 336(3), 340 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against three named accused persons including the present petitioner alleging that they have cheated the informant and obtained a sum of Rs. 6,04,994/- (Rupees Six Lacs Four Thousand Nine Hundred Ninety Four) from him on the pretext of sending him
Patna High Court CR. MISC. No.42423 of 2026(2) dt.08-07-2026 2/3 abroad for employment.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner is a honest person and the alleged amount has not been taken by the petitioner, rather, it was taken by the brother of the petitioner namely, Sandeep Kumar as mentioned in the FIR itself. Counsel submits that there are three persons made accused in this case i.e. the petitioner, his brother and his father. Counsel further submits that the petitioner is a man of means, having clean antecedent and he is ready to fulfill all the conditions whatsoever shall be imposed upon him.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the allegation of collection of money is there in the FIR. He further submits that the allegation of taking money in the account is against accused Sandeep Kumar and not against the present petitioner, save and except only alleged that he has accepted the cash.
6. As such, in the present facts and circumstances of this case considering that the real transaction of money has been done by the brother of the petitioner, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on
Patna High Court CR. MISC. No.42423 of 2026(2) dt.08-07-2026 3/3 furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of A.C.J.M.-I, Gopalganj, in connection with Uchkagaon P.S. Case No. 46 of 2026, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023. (Dr. Anshuman, J) Divyansh/- U T