Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S. — s. 316(2), 318(4), 319(2), 336(3), 338, 340, 61(2)
- Information Technology Act — s. 66(C), 66(D)
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
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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.
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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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