Patna High Court
Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court ordered that the petitioner be enlarged on bail subject to the stipulated conditions.
Summary
Vivek Kumar applied for anticipatory bail fearing arrest in Cyber P.S. Case No. 132 of 2025, which alleged offences under several sections of the B.N.S. and Sections 66C and 66D of the Information Technology Act. The prosecution’s case is based on a complaint on the Pratibimb portal linking a mobile number to Sandeep Kumar, who named Ashik Jamal, who in turn identified nine persons including the petitioner. The petitioner contended that he was falsely implicated, had received no cyber‑fraud proceeds and that only the co‑accused’s statement implicated him. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the Court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the allegations and his prior criminal antecedent
- Whether the conditions under Section 482(2) of the B.N.S.S. justify granting bail
Legislation cited
- B.N.S. — s. 316(2), 318(4), 319(2), 336(3), 338, 61(2)
- B.N.S.S. — s. 482(2)
- Information Technology Act, 2000 — s. 66C, 66D
Subjects
- anticipatory bail
- cyber crime
- Information Technology Act
- Section 482
- bail conditions
- criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14866 of 2026
Arising Out of PS. Case No.-132 Year-2025 Thana- Cyber P.S. District- East Champaran
======================================================
Vivek Kumar, S/O Neeraj Shrivastav, R/O Village- Ramkaran Pakari, P.S-
Chakia, Distt.- East Champaran, Bihar- 845416
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha, Advocate
For the Opposite Party/s : Mr.Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 18-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2.The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection
with Cyber P.S. Case No. 132 of 2025 instituted for the offence
under Sections 319(2), 318(4), 338, 336(3), 316(2) and 61(2) of
B.N.S. and Section 66 (C ) and 66(D) of I.T. Act.
3. The case of the prosecution, in short, is that on
Pratibimb Portal, a complaint was found regarding mobile
number 7493948608 and on being investigated it was found that
this mobile number belongs to Sandeep Kumar. Sandip Kumar
has named one Ashik Jamal and Ashik Jamal has further named
nine persons. Petitioner is one amongst them.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.14866 of 2026(3) dt.18-03-2026
2/2
committed no offence. He has falsely been implicated in this
case. Save and except the statement of co-accused Ashik Jamal,
there is nothing against him. Not a singly penny of cyber fraud
has been received in the account of this petitioner.
5.Learned APP appearing for the State has
vehemently opposed the prayer of bail of the petitioner and
submitted that petitioner is having criminal antecedent of two
cases.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Cyber P.S. Case No. 132 of 2025, he will be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned C.J.M., East Champaran, Motihari,
subject to the conditions as laid down under section 482 (2) of
the B.N.S.S.
(Ashok Kumar Pandey, J)
lata/-
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