Vikash Kumar vs. The State Of Bihar
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The petitioner, Vikash Kumar, apprehends arrest in a complaint case registered under Sections 406, 417, and 34 of the Indian Penal Code. The complainant, Dinanath Yadav, alleged that the petitioner forcibly obtained his fingerprints on a blank stamp paper and subsequently used it to create a Goods and Services Tax (GST) registration in the complainant's name. The petitioner claims innocence, asserts clean antecedents, and alleges false implication with ulterior motives. The State, through the learned Additional Public Prosecutor, opposed the anticipatory bail application, highlighting the specific accusation that the petitioner obtained the complainant's thumb impression on a blank stamp paper to register GST in his name.
Held
The Court rejected the petitioner's prayer for anticipatory bail. The reasoning was based on the specific and direct nature of the accusation made against the petitioner in the complaint. The Court found that the allegations, if true, constituted serious offenses. The principle derived is that anticipatory bail may be denied when there are specific and direct accusations of criminal conduct, particularly those involving fraud or deception, and the court finds no compelling reason to grant such relief. The Court did not leave any issue undecided.
Key Issues
1. Whether the petitioner is entitled to anticipatory bail in a case involving allegations of forgery and cheating related to GST registration, considering the specific nature of the accusation? (Section 406, 417, 34 of the Indian Penal Code). The petitioner argued that he is innocent, falsely implicated, and has clean antecedents. The State argued that the petitioner is named in the complaint with a specific accusation of obtaining the complainant's thumb impression on a blank stamp paper to create a GST registration in the complainant's name, and therefore, anticipatory bail should be rejected.
Sections Cited
Section 406, Section 417, Section 34
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL ORDER 2 18-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
The petitioner apprehends his arrest in a complaint case registered for the offence punishable under Sections 406, 417 and 34 of the Indian Penal Code.
As per prosecution case, the complainant, namely Dinanath Yadav, alleged that this petitioner forcibly took his finger prints on a blank stamp paper and later on, he came to know that GST is being made in his name.
It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in Patna High Court CR. MISC. No.65863 of 2025(2) dt.18-09-2025 2/2 this case with ulterior motive. Petitioner claims clean antecedents.
On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the complaint petition with specific accusation that he took thumb impression of the complainant on a blank stamp paper and made GST on his name.
Considering the facts and circumstances of the case and specific and direct nature of accusation, the prayer for grant of anticipatory bail to the petitioner is rejected.
shashank/- (Prabhat Kumar Singh, J) U T
Reproduced from the public record of the Patna High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.