Patna High Court
PANKAJ KUMAR SHRIVASTAVversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner subject to surrender and bail‑bond conditions.
Summary
Pankaj Kumar Shrivastav applied for anticipatory bail fearing arrest in Cyber P.S. Case No. 132 of 2025, which alleges offences under Sections 319(2), 318(4), 338, 336(3), 316(2) and 61(2) of the B.N.S. and Sections 66C and 66D of the Information Technology Act. The prosecution’s case is based on a complaint lodged on the Pratibimb portal linking a mobile number to co‑accused Sandeep Kumar, who in turn named Ashik Jamal, who subsequently identified nine persons including the petitioner. The petitioner contended that he is innocent, that the only basis for his implication is the confessional statement of Sandeep Kumar, and that no cyber‑fraud proceeds have entered his account. The State opposed bail, highlighting the petitioner’s two prior criminal cases. After hearing both sides, the Court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs 10,000 with two sureties, subject to the conditions of Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted in a cyber‑offence case where the primary evidence is the statement of a co‑accused
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail
- Whether the allegations under the B.N.S. and IT Act satisfy the criteria for denial of bail under Section 482(2) of the B.N.S.S.
Legislation cited
- B.N.S. — s. 316(2), 318(4), 319(2), 336(3), 338, 61(2)
- B.N.S.S. — s. 482(2)
- Information Technology Act — s. 66C, 66D
Subjects
- anticipatory bail
- cyber crime
- Information Technology Act
- co‑accused testimony
- bail conditions
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12182 of 2026
Arising Out of PS. Case No.-132 Year-2025 Thana- Cyber P.S. District- East Champaran
======================================================
Pankaj Kumar Shrivastav S/o Nagendra Prasad R/o vill - Ramkaran Pakari,
P.S.- Chakia, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 24-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2.The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection
with Cyber P.S. Case No. 132 of 2025 instituted for the offence
under Sections 319(2), 318(4), 338, 336(3), 316(2) and 61(2) of
B.N.S. and Section 66 (C ) and 66(D) of I.T. Act.
3. The case of the prosecution, in short, is that on
Pratibimb Portal, a complaint was found regarding mobile
number 7493948608 and on being investigated it was found that
this mobile number belongs to Sandeep Kumar. Sandeep Kumar
has named one Ashik Jamal and Ashik Jamal has further named
nine persons. Petitioner is one amongst them.
Patna High Court CR. MISC. No.12182 of 2026(3) dt.24-04-2026
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4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has falsely been implicated in this
case. He also submits that the name of this petitioner has
surfaced on the basis of confessional statement of Sandeep
Kumar. Save and except the statement of co-accused Sandeep
Kumar, there is nothing against him. He also submits that not a
singly penny of cyber fraud has been received in the account of
this petitioner.
5.Learned APP appearing for the State has
vehemently opposed the prayer of bail of the petitioner and
submitted that petitioner is having criminal antecedent of two
cases.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Cyber P.S. Case No. 132 of 2025, he will be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned C.J.M., East Champaran, Motihari,
Patna High Court CR. MISC. No.12182 of 2026(3) dt.24-04-2026
3/3
subject to the conditions as laid down under section 482 (2) of
the B.N.S.S.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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