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Patna High Court

Ravi KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that anticipatory bail could not be granted and dismissed the application.

Summary

Ravi Kumar applied for anticipatory bail after the police linked him to a cyber‑fraud case based on a money transfer to his PhonePe account discovered during the interrogation of Ankit Kumar. The prosecution alleged that Ravi Kumar received proceeds of fraudulent ATM withdrawals and cyber‑fraud under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNS) and the Information Technology Act, 2000. The petitioner contended that no incriminating material was seized from him, that the seizure list violated Section 105 of the BNS, and that he was falsely implicated despite having a pending bail in another case. The State opposed the bail, emphasizing the seriousness of the alleged offences. The court, after considering the gravity of the allegations and procedural deficiencies, declined to grant anticipatory bail, thereby rejecting the petitioner's application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged cyber‑fraud offences.
  • Whether the seizure of material complied with the requirements of Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Whether the allegations against the petitioner constitute sufficient grounds for arrest under the relevant provisions of the BNS and the IT Act.

Legislation cited

Subjects

  • anticipatory bail
  • cyber fraud
  • IT Act
  • seizure procedure
  • Section 105
  • criminal procedure
  • bail denial
  • fraud

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14883 of 2026
                  Arising Out of PS. Case No.-229 Year-2025 Thana- LAHERIMUHALLA District- Nalanda
                 ======================================================
                 Ravi Kumar Son of Rajnish Prasad Resident of Village- Barith, P.S.-
                 Katrisarai, District- Nalanda
                                                                     ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Nandu Kumar Yadav, Adv.
                 For the Opposite Party/s :      Mr.Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   29-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Laheri P.S. case no. 229 of 2025 registered for the offence

                   under Sections 316(2), 303(2), 319(2) 318(4) 336(3)/ 338, /

                   340(2) / 61(2), 3(5) of BNS and 66, 66(D) of IT Act 2000.

                                3. The prosecution’s case, in brief, is that upon

                   arriving near Chora Bagicha at the Kargil Bus Stand, they

                   observed two individuals who attempted to flee. After a chase,

                   the police apprehended one individual, identified as Ankit

                   Kumar. A search of his person yielded a mobile phone, two

                   ATM cards, and ₹17,500 in cash. During an inspection of his

                   phone at the police station, a transaction of ₹29,900 to an

                   account belonging to Ravi Kumar was discovered. Ankit Kumar

                   allegedly confessed to committing cyber fraud alongside the
Patna High Court CR. MISC. No.14883 of 2026(3) dt.29-04-2026
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          petitioner, Ravi Kumar. He further disclosed that they deceived

          innocent victims, withdrew illicit funds using fraudulent ATM

          cards, and transferred the proceeds to Ravi Kumar via PhonePe.

          Accordingly, the FIR.

                        4. Learned counsel for the petitioner submits that the

          petitioner has not committed any offence and has been falsely

          implicated in this case. It is further submitted that although the

          petitioner has one criminal antecedent Giriyak (Katrisarai) P.S.

          Case No. 196 of 2025 he is currently on bail in that matter. The

          counsel contends that the prosecution's allegations in the present

          case are entirely false, absurd, and concocted. Furthermore,

          learned counsel submits that no incriminating material was

          recovered from the person or possession of the petitioner, who is

          merely a victim of misrepresented facts. Finally, it is argued that

          the seizure list was not prepared in accordance with the

          provisions of Section 105 of the Bharatiya Nagarik Suraksha

          Sanhita (BNSS), 2023, and that the police investigation has

          failed to uncover any direct or indirect evidence against the

          petitioner.

                        5. The learned APP opposes the anticipatory bail

          application.

                        6. Considering the seriousness of the allegation
          Patna High Court CR. MISC. No.14883 of 2026(3) dt.29-04-2026
                                                      3/3




                    levelled against the petitioner of being involved in crime of

                    cyber fraud with Innocent people, I am not inclined to grant

                    privilege of anticipatory bail to the petitioner.

                                 7. Accordingly, the anticipatory bail application is

                    rejected.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U      T


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