Facts of the Case

The petitioner, Avhishek Kumar, apprehended arrest in connection with Argora P.S. Case No. 59 of 2026 and approached the High Court seeking anticipatory bail.

As recorded in the order, it was alleged that the petitioner and another accused had expressed their desire to take the informant’s house on rent. Under the guise of preparing a rent agreement, they allegedly obtained the informant’s PAN card, Aadhaar Card, electricity bill and other documents.

The informant subsequently came to know that the said documents had allegedly been misused and that a GST account and a current account had been opened in the informant’s name.

Issues Involved

The principal issues arising before the High Court were:

  1. Whether the petitioner was entitled to the privilege of anticipatory bail in connection with Argora P.S. Case No. 59 of 2026.
  2. Whether the petitioner’s contention that the allegation against him had not been found correct during investigation was sufficient to justify grant of anticipatory bail.
  3. Whether the material referred to in paragraphs 7 and 8 of the case diary, as mentioned in the impugned order dated 07 May 2026, disclosed circumstances serious enough to deny anticipatory bail.
  4. Whether the alleged fraudulent procurement and misuse of the informant’s identity cards and papers for preparing a forged GST account and current account warranted rejection of pre-arrest protection.

Petitioner’s Arguments

Learned counsel for the petitioner submitted that the allegation against the petitioner had not been found to be correct in the course of investigation.

On that basis, the petitioner sought the privilege of anticipatory bail from the High Court.

Respondent’s Arguments

The order records that the learned A.P.P. appeared for the opposite party, namely the State of Jharkhand, and was heard by the Court.

However, the brief order does not separately reproduce or detail any specific substantive argument advanced by the learned A.P.P. Therefore, no additional respondent contention should be attributed beyond what is expressly recorded in the judicial order.

Court Order / Findings

The High Court considered the petitioner’s submission but noted that paragraphs 7 and 8 of the case diary, as mentioned in the impugned order dated 07 May 2026, indicated that the petitioner and the co-accused had fraudulently procured the identity cards and papers of the informant.

The Court further noted the material indicating that a forged GST account as well as a current account had been prepared in the name of the informant.

Having regard to the above circumstances, the High Court held that it was not inclined to extend the privilege of anticipatory bail to the petitioner.

Accordingly, the anticipatory bail application was rejected.

Important Clarification

This order is significant for the limited proposition emerging from its own facts: a bare submission that allegations were not found correct during investigation did not persuade the Court to grant anticipatory bail where the case diary material referred to in the impugned order indicated alleged fraudulent procurement of identity documents and preparation of a forged GST account and current account in the informant’s name.

It is also important to clarify that:

  • The High Court was deciding an anticipatory bail application, not conducting the criminal trial.
  • The order does not record a final determination of guilt or innocence.
  • The references to fraudulent procurement, misuse of documents and forged accounts arise in the context of allegations and case-diary material considered at the bail stage.
  • The uploaded order does not specify the exact penal sections invoked in Argora P.S. Case No. 59 of 2026.
  • The order does not identify any particular section of the GST legislation as the statutory basis of the anticipatory bail decision.
  • Therefore, inserting an exact IPC/BNS/GST section number would go beyond the text of the judgment and could alter its meaning.

Sections Involved

Specific statutory sections: Not expressly mentioned in the uploaded High Court order.

Proceeding involved: Anticipatory bail proceedings arising from apprehension of arrest in Argora P.S. Case No. 59 of 2026.

Subject matter reflected in the order: Alleged fraudulent procurement and misuse of PAN card, Aadhaar Card, electricity bill and other identity-related papers; alleged preparation of a forged GST account and current account in the informant’s name.

Important statutory accuracy note: Since the judgment itself does not state the exact penal provisions or any specific GST section, no section number has been added by inference.

Link to download the order -https://www.mytaxexpert.co.in/uploads/1783069379_430compressed.pdf

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