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Patna High Court

Akash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
              Patna High Court CR. MISC. No.14396 of 2026(2) dt.12-03-2026
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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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