Patna High Court

Lalit Kumar Yadav @ Lalit Kumar @ Lalit YadavversusThe State of Bihar

Decided: 11 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner with specified conditions.

Summary

Lalit Kumar Yadav petitioned for bail in a cyber‑crime case (Supaul Cyber P.S. Case No. 40 of 2025) alleging offences under Sections 303(2), 318(4) of the B.N.S., 2023 and Sections 66(c), 66(d) of the Information Technology Act. The prosecution alleged that a stolen mobile was used to port the SIM to JIO and withdraw Rs 35,000 from the informant’s bank account. The petitioner claimed innocence, stating his name appeared only in a confessional statement of co‑accused Sandeep Kumar, who had already been granted bail, and that no specific role was ascribed to him. The State opposed bail, highlighting the petitioner’s antecedent of eight criminal cases. After hearing both sides, the court granted bail on the condition of a Rs 10,000 bond with two sureties, requiring the petitioner’s cooperation, presence at all trial dates, and weekly attendance at Salkhua Police Station.

Issues considered

Whether bail should be granted to the petitioner despite the serious cyber‑offences alleged and his prior criminal record
Whether the petitioner poses a risk of tampering with evidence or fleeing
Applicability of bail provisions under the B.N.S., 2023 and the Information Technology Act

Legislation cited

B.N.S., 2023 — s. 303(2), 318(4)
Information Technology Act — s. 66(c), 66(d)

Subjects

bail
cyber crime
SIM porting
theft
Information Technology Act
prior criminal record
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12450 of 2026
                        Arising Out of PS. Case No.-40 Year-2025 Thana- Cyber P.S. District- Supaul
                 ======================================================
                 Lalit Kumar Yadav @ Lalit Kumar @ Lalit Yadav S/o Vijay Yadav Resident
                 Of Village- Kopariya, Ward No 14, Ps- Salkhua, Dist- Saharsa


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


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

3   11-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Supaul Cyber P.S. Case No. 40 of 2025 registered for the

                   offence punishable under Sections 303(2), 318(4) of the B.N.S.,

                   2023 and Sections 66(c), 66(D) of the I.T. Act.

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

                   mobile of the informant was stolen by an unknown person. The

                   informant made every endeavor to get his SIM closed. However,

                   the person who had stolen the mobile phone allegedly managed

                   to port the SIM card into JIO and a sum of Rs. 35,000/- was

                   withdrawn from the informant’s bank account.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.12450 of 2026(3) dt.11-03-2026
                                            2/3




          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. He also submits that the name of this petitioner has

          surfaced during the course of investigation in the confessional

          statement of Sandeep Kumar and the main thrust of allegation is

          against Sandeep Kumar who has already been granted bail by

          this court vide Cr. Misc. No. 8416 of 2026. No specific role is

          alleged against this petitioner. Moreover, the petitioner is

          languishing in judicial custody since 07.10.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner is having criminal

          antecedent of eight cases.

                       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 with the condition

          that the petitioner shall cooperate in the trial and shall

          remain physically present on each and every date fixed by

          the learned trial court and shall also mark his attendance at

          Salkhua P.S. weekly. 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 Chief Judicial Magistrate, Supaul
           Patna High Court CR. MISC. No.12450 of 2026(3) dt.11-03-2026
                                                       3/3




                     in connection with Supaul Cyber P.S. Case No. 40 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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