Patna High Court
Abhimanyu Kumar @ LaluversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted as the petitioner was found to be involved in cyber crime.
Summary
The petitioner, Abhimanyu Kumar, was arrested during a police raid on his village on allegations of involvement in a cyber fraud gang and has been in custody since April 19, 2025. He filed a second application for regular bail in connection with charges under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and Sections 66C and 66D of the Information Technology Act. The earlier bail application had been rejected, and the petitioner sought review of that order. The court examined the nature of the alleged offences, the evidence of the raid, and the petitioner’s alleged participation in the cyber fraud gang. Finding that the petitioner was involved in a serious cyber crime, the court concluded there were no sufficient grounds to grant bail. Consequently, the application for regular bail was dismissed.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with offences under the Bharatiya Nyaya Sanhita and the IT Act
- Whether the earlier denial of bail can be reviewed in a second application
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(5), 318(4), 319(2), 336(2), 338, 340(2)
- Information Technology Act — s. 66C, 66D
Subjects
- bail
- cyber crime
- Information Technology Act
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14141 of 2026
Arising Out of PS. Case No.-57 Year-2025 Thana- Cyber P.S. District- East Champaran
======================================================
Abhimanyu Kumar @ Lalu S/o Upendra Singh Resident of Village - Siswa
Bazar, Choubey Tola, Ward No. 13, Police Station-Paharpur, District - East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shakil Ahmad Khan
For the Opposite Party/s : Mr. Raj Ballabh Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner seeking bail
in connection with Motihari Cyber P.S. Case No. 57 of 2025
registered for the offence under Sections 338, 336(2), 340(2),
303(2), 318(4), 319(2), and 317(5) of the Bharatiya Nyaya
Sanhita, 2023 and Section 66C, and 66D of the I.T. Act.
3. Earlier the bail application of the petitioner was
rejected on 30.07.2025 in Cr. Misc. No. 45225 of 2025 which
reads as follows:-
Heard the learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks regular bail in
connection with Cyber P.S. Case No. 57 of 2025
registered for the offence under Sections 338,
336(2), 340(2), 303(2), 318(4), 319(2), 317(5) of
Patna High Court CR. MISC. No.14141 of 2026(2) dt.25-02-2026
2/2
the Bharatiya Nyaya Sanhita, 2023 and Section
66C, 66D of the I.T. Act.
3. The police raided the village of the
petitioner at around 3 in the morning and eight
persons including the petitioner were found
talking with their mobiles and it was detected by
the Police that the accused persons were
involved in cyber fraud. From the accused
persons, mobile phones, sim cards, bank
passbook, ATM cards etc., and cash were
recovered. The accused persons are members of
a gang headed by one Md. Ibrahim of Nepal.
The Petitioner is in custody since 19.04.2025.
4. Considering the fact that the
petitioner is involved in cyber fraud, this
application for regular bail is hereby dismissed.
4. Since the petitioner has been found involved in
cyber crime, this Court finds no ground to review its earlier
order. Accordingly, this application for regular bail stands
rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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