Patna High Court

Gautam KumarversusThe State of Bihar

Decided: 25 February 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

Successive bail applications filed within a few months of an earlier rejection are premature and cannot be entertained.

Summary

Gautam Kumar was arrested in connection with a cyber‑offence alleged under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66C and 66D of the Information Technology Act. He filed a bail application which was rejected on 24‑09‑2025. Within six months he filed a second bail application, seeking relief again. The Patna High Court examined whether a successive bail application can be entertained so soon after a prior rejection. The Court held that the second application was premature and that successive bail applications cannot be entertained within a few months of an earlier rejection. Consequently, the bail application was dismissed as premature.

Issues considered

Whether a second bail application filed within a short period after the rejection of an earlier bail application can be entertained by the Court.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4)
Information Technology Act — s. 66C, 66D

Subjects

bail
cybercrime
premature application
successive bail applications
IT Act
Bharatiya Nyaya Sanhita
procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14194 of 2026
                        Arising Out of PS. Case No.-6 Year-2025 Thana- Cyber P.S. District- Bhojpur
                 ======================================================
                 Gautam Kumar S/o Sunil Prasad @ Sunil Jamadar R/o Village - Gauri Bigha,
                 P.S - Chandi, District - Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Tilak Sao
                 For the Opposite Party/s :         Mr.Mithlesh Kumar Khare
                 ======================================================
                 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 Cyber P.S. Case No. 6 of 2025 registered for

                   the offence under Sections 316(2) and 318(4) of the Bharatiya

                   Nyaya Sanhita, 2023 and Section 66© and 66(D) of the IT Act

                                3. Earlier the bail application of the petitioner was

                   rejected on 24.09.2025 in Cr. Misc. No. 63570 of 2025, and the

                   present bail application has been preferred by the petitioner

                   within six months.

                                4. In the opinion of this Court, this application is

                   premature, as successive bail applications cannot be entertained

                   by this Court within a few months of earlier rejection.
            Patna High Court CR. MISC. No.14194 of 2026(2) dt.25-02-2026
                                                        2/2




                                   5. Accordingly, the present application is hereby

                      dismissed as premature.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T

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