Avinash Kumar S/o Suresh Prasad @ Suresh Prasad Jaiswal Vs State of Bihar (Patna High Court)
The petitioner sought anticipatory bail in connection with a criminal case registered under Sections 318(4), 316(2), 336(3), 338, 340(2), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioner, along with other accused persons, had defalcated ₹6.60 crore by issuing fake GST bills and using forged documents.
The petitioner contended that he was innocent and had been falsely implicated due to an ongoing dispute regarding shareholding in Hopecon Infra Projects Pvt. Ltd., where he and his brother held a 50% stake. It was argued that the FIR had been lodged by one of the company’s directors to gain control of the company. The petitioner also submitted that the company’s accounts had been audited every financial year by an independent auditor without any irregularities being detected.
The State and the informant opposed the anticipatory bail application, alleging that the petitioner was the key conspirator and principal offender who had abused a position of trust to commit criminal breach of trust, cheating, forgery and economic fraud. It was alleged that the petitioner transferred ₹6.60 crore from the company to his proprietorship concern and raised 857 GST invoices, comprising 583 invoices in October 2024 and 274 invoices in January 2025, amounting to ₹5.84 crore. The prosecution further stated that the invoices were recalled only after intervention by the informant and that the petitioner had four criminal antecedents.
