Patna High Court
Krishna Kumar Sharma vs The State Of Bihar on 16 February, 2026
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4776 of 2021
Arising Out of PS. Case No.-75 Year-2021 Thana- BARHARIA District- Siwan
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Krishna Kumar Sharma Son Of Late Ramayan Sharma @ Narayan Resident
Of Chandi, Police Station - G.B. Nagar, District - Siwan.
... ... Appellant/s
Versus
1. The State of Bihar
2. Ayub Ansari Son of Late Mobarak Miyan Resident of Village - Bhairopatti,
Police Station - Mirganj, District - Gopalganj.
3. Nazir Ansari Son of Ayub Ansari Resident of Village - Bhairopatti, Police
Station - Mirganj, District - Gopalganj.
4. Alam Sheikh @ Bhola Son of Khalkujama Miyan Resident of Village -
Bhairopatti, Police Station - Mirganj, District - Gopalganj.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Praveen Kumar, Adv.
For the Respondent/s : Mr. Navin Kr. Pandey, APP
For the Informant : Mr. Ajay Kr. Tiwary, Adv.
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 16-02-2026
1. Heard the parties.
2. The present criminal appeal is being
preferred against the Impugned order dated 20.09.2021,
for cancellation of regular bail granted to Respondent no.
2-4 as passed in Barhariya P.S. Case No. 75 of 2021
registered for the offences under sections 341, 323, 420,
504, 506, 34 Indian Penal Code and sections 3(1)(s)
SC/ST Act passed by the learned 1 st Addl. Sessions
Patna High Court CR. APP (SJ) No.4776 of 2021 dt.16-02-2026
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Judge, Siwan -cum- Special Judge SC/ST Act, Siwan.
3. Case of prosecution in brief that the
appellant runs a clinic at Chandi Bazar where Respondent
Nos. 2-4 came for treatment. During their visits, they
claimed to work in passport renewal services and
arranging travel to foreign countries. Influenced by their
assurances, the informant and his brother entrusted them
with passport renewals for about 100 persons and paid a
total amount of ₹18,69,000 for visas and tickets, after
which the accused sent them to Delhi with fake
documents. Later, the accused called the informant and
others near Barhariya Yamuna Garh temple to return the
money and passports. The informant went there with
several companions and a list of all aggreived persons.
Instead to settle the matter, the accused allegedly
became angry, abused them using caste-based slurs,
assaulted them with fists and slaps, threatened to kill
them, and forced them to leave. The complaint claims
that the entire amount was fraudulently taken under the
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false promise of passport renewal and overseas travel
arrangements.
4. Respondent/ O.P. No. 2-4 being accused in
this case remains in custody since 11.08.2021 to
20.09.2021
for about two months.
5. Learned counsel for the appellant
submitted that the factual aspects which was considered
by learned trial court while granting bail was wrong for
the reason that the learned trial court considered the fact
that as there is no document to show the payment of
money, therefore, the case of prosecution appears
doubtful, but in fact from the email of one Md. Estekhar,
the tickets were downloaded. It is further submitted that
in fact the accused persons cheated 98 persons in the
name of providing visa and passport for Gulf countries
where the accused persons cheated them total for Rs.
18,69,000/-. It is submitted that a notice under
anticipation was also given by informant/ appellant to
accused/ opposite parties under section 80 of CPC (Civil
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Procedure Code) but was of no result. Arguing further, it
is submitted that the allegations of abusing in caste name
to informant is also available.
6. Learned counsel for the O.P. Nos. 2-4 while
opposing the present appeal submitted that the dispute
between the parties is apparently civil in nature. It is
submitted that it is nowhere mentioned in FIR, that how
much amount was cheated from the informant rather he
is raising the cause of other aggrieved persons who never
came forward before the investigating agency/ police. It
is submitted that the occurrence, in issues, nowhere
suggest that same took place within the meaning of
atrocities as defined within the meaning of SC & ST
(Prevention of Atrocities) Act, and it was added out of
oblique motive just to aggravate the allegations.
7. In support of his submission learned
counsel relied upon the legal report of Hon’ble Supreme
Court as available through Hitesh Verma vs. State of
Uttarakhand and Anr. [(2020) 10 SCC 710],
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Karuppudayar vs. State Rep. by the Deputy
Superintendent of Police, Lalgudi Trichy and Ors.
[2025 SCC OnLine SC 215] and Gulam Mustafa vs.
State of Karnataka and Anr. [2023 SCC OnLine SC
603]
8. In view of aforesaid factual submission and
by taking note of fact as no perverse appreciation of fact
as alleged was made by learned trial court while granting
regular bail through order under challenge, which is
primarily civil in nature, accordingly, the present appeal is
devoid of any merit and same stands dismissed.
9. Copy of this order be sent to court
concerned henceforth, with copy of LCR, if any.
(Chandra Shekhar Jha, J)
Sudha/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 16.02.2026 Transmission Date 16.02.2026