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Patna High Court

Aman KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

Aman Kumar applied for bail in a cyber‑fraud case (Motihari Cyber P.S. Case No. 157 of 2025) alleging offences under several sections of the B.N.S. and Sections 66(C) and 66(D) of the Information Technology Act. The prosecution contended that the petitioner, together with co‑accused, opened multiple bank accounts and obtained SIM cards using forged documents to receive and withdraw proceeds of cyber fraud. The petitioner argued that the FIR is vague, no specific allegation links him to any particular fraud, the seized items belong to joint family property, he has no prior criminal record and a similarly situated co‑accused has already been granted bail. The State opposed the bail on the ground of the seriousness of the offences. After hearing both sides, the Court found the petitioner's claim of innocence plausible and, noting the lack of specific evidence and his clean record, ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the nature of the alleged cyber‑fraud offences.
  • Whether the FIR’s general allegations are sufficient to justify continued detention.
  • Whether the petitioner poses a flight risk or risk of tampering with evidence.

Legislation cited

Subjects

  • bail
  • cyber fraud
  • Information Technology Act
  • conspiracy
  • joint family property
  • criminal antecedent
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10415 of 2026
                   Arising Out of PS. Case No.-157 Year-2025 Thana- Cyber P.S. District- East Champaran
                 ======================================================
                 Aman Kumar, S/O Chandeshwar Prasad, R/O Village- Gopalpur Khap, Ward
                 No. 06, P.S- Kesariya, Distt.- East Champaran.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   20-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Motihari Cyber P.S. Case No. 157 of 2025 registered for

                   the offence punishable under Sections 319(2), 318(4), 338,

                   336(3), 340, 316(2) and 61(2) of B.N.S. and Sections 66(C) and

                   66(D) of the I.T. Act.

                                3. The case of the prosecution, in short, is that the

                   petitioner and other co-accused under a conspiracy got opened a

                   number of accounts of persons in which they used to receive the

                   crime proceeds of cyber fraud. They also obtained mobile Sim

                   Cards on the basis of documents of such persons and in this

                   manner, they defrauded a number of persons and withdrew

                   money from their accounts and such persons were also made
Patna High Court CR. MISC. No.10415 of 2026(2) dt.20-02-2026
                                            2/3




          accused due to deposit of proceeds of cyber crime.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. From perusal of the F.I.R. it is clear that the nature of

          allegation is general and omnibus. It is stated that petitioner and

          other four persons are indulged in cyber fraud and that they got

          opened the accounts and used the proceeds of crime. There is no

          specific allegation as to whom the petitioner has cheated or as to

          who has opened the account on the instance of the petitioner and

          as to what amount was received in the account of the petitioner.

          It has further been submitted that bank passbook, chequebooks,

          ATM cards, mobiles and sim cards were recovered from the

          house of the petitioner and the said house is joint family

          property and the same belongs to his family members. It has

          also been submitted that similarly situated co-accused Vishal

          Kumar Das has been granted bail by learned Co-ordinate Bench

          of this Court vide Cr. Misc. No. 3325 of 2026. Petitioner is

          having no criminal antecedent and he is languishing in judicial

          custody since 27.09.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail.
             Patna High Court CR. MISC. No.10415 of 2026(2) dt.20-02-2026
                                                         3/3




                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned

                       Additional      Chief      Judicial     Magistrate-IV,   Motihari,   East

                       Champaran in connection with Motihari Cyber P.S. Case No.

                       157 of 2025.


                                                     (Ashok Kumar Pandey, J)

lata/-
U        T


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