Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner, subject to a bail bond and sureties.
Summary
Akash Kumar was arrested during a police raid on 22 November 2025, during which two mobile phones and Rs.2,000 were seized from him. He was charged under multiple sections of the B.N.S and Sections 66(c) and 66(d) of the Information Technology Act. The petitioner pleaded innocence, asserting that the phones belonged to him, no cheating occurred, and he has a clean record as a hotel management student. The State opposed his bail application, citing the seriousness of the offences. The Court, after considering the submissions and circumstances, ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, thereby allowing the bail application.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged under serious provisions of the B.N.S and the IT Act
- Whether the material seized and the nature of the offences justify denial of bail
Legislation cited
- B.N.S. — s. 316(2), 318(4), 319(2), 336(3), 338, 340(2), 3(5), 61(2)
- Information Technology Act, 2000 — s. 66(c), 66(d)
Subjects
- regular bail
- bail bond
- surety
- Information Technology Act
- sections 66(c) 66(d)
- criminal procedure
- raid
- student
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14396 of 2026
Arising Out of PS. Case No.-525 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Akash Kumar Son of Vinay Chaurasiya @ Vinay Kumar Chaurasiya Resident
of Village- Katrisarai, P.S.- Katrisarai Giriak, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anjani Kumar Jha, Advocate
For the Opposite Party/s : Mr. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Giriyak P.S. Case No.
525 of 2025 registered for the offences punishable u/s 316(2),
318(4), 319(2), 336(3), 338, 340(2), 3(5) and 61(2) of the
B.N.S. and Sections 66(c), 66(D) of the I.T. Act.
3. As per the prosecution case, on 22.11.2025 at about
09:45 P.M., the police conducted raid at the house of one Guddu
Kumar and on seeing the police personnel some persons tried to
flee away. Four of them were apprehended while other managed
to escape. The apprehended persons were identified as Guddu
Kumar, Kundan Kumar, Sohit Kumar, Rajkaran Yadav and
Akash Kumar (petitioner). On being searched, two mobile
Patna High Court CR. MISC. No.14396 of 2026(2) dt.12-03-2026
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phones and Rs. 2000/- were recovered from the possession of
the petitioner.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It is further submitted that the mobile phones belong
to the petitioner and there is no allegation that any person was
cheated by the petitioner or the two mobile phones recovered
from the petitioner have been used in cheating anyone. It is next
submitted that no incriminating article was recovered from the
possession of the petitioner to show the complicity of the
petitioner with the offence relating to cyber crime. It is also
submitted that the petitioner is a student of Hotel Management
at IHM, Kolkata. It is lastly submitted that the petitioner has
clean criminal antecedent and is in custody since 23.11.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstances of
the case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Nalanda at Biharsharif in connection
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with Giriyak P.S. Case No. 525 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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