Patna High Court
Aditya KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Aditya Kumar, was arrested on 18 October 2025 in connection with a cyber‑fraud case (Case No. 174 of 2025) after a large cache of cash, bank documents, foreign currency, gold, silver and electronic devices was recovered from the residence of his co‑accused, Abhishek Kumar. Both the petitioner and the co‑accused gave confessional statements acknowledging their involvement in the alleged cyber fraud. The petitioner pleaded for bail, asserting a clean antecedent and claiming that the FIR was fabricated, while the State opposed bail, highlighting the substantial seized assets and corroborative statements from the informant and witnesses. The Court examined the seriousness of the offences, the magnitude of the property involved, and the confessional admissions, and concluded that the petitioner posed a risk of tampering with evidence or influencing witnesses. Consequently, the Court refused the bail application, ordering that the petitioner remain in custody. The decision underscores the Court’s discretion to deny bail in cases involving grave economic offences and strong evidentiary material.
Issues considered
- Whether bail should be granted to the petitioner in view of the seriousness of the cyber‑fraud offences and the substantial seized property.
Legislation cited
- BNS, 2023 — s. 316(2), 317(2), 317(4), 318(4), 319(2), 336(3), 61(2)
- Information Technology Act, 2000 — s. 66(C)
Subjects
- bail
- cyber fraud
- Information Technology Act
- criminal procedure
- confessional statement
- seizure of property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15073 of 2026
Arising Out of PS. Case No.-174 Year-2025 Thana- Cyber P.S. District- Gopalganj
======================================================
Aditya Kumar Son of Santosh Prasad R/o Vill.- Amaithi Khurd, P.S.- Thawe,
Distt.- Gopalganj, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashwat Srivastava, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-03-2026 Heard Mr.Shashwat Srivastava,learned counsel for
the petitioner and Mr.Sanjay Kumar Tiwary, learned A.P.P. for
the State.
2. The petitioner seeks bail, who is in custody since
18.10.2025 in connection with Cyber (Gopalganj) P.S. Case No.
174 of 2025, F.I.R. dated 18.10.2025 registered for the offence
punishable under Sections 316(2), 318(4), 319(2), 317(2),
317(4), 336(3) and 61(2) of BNS, 2023 and Section 66(C) of
Information Technology Act, 2000.
3. According to prosecution case, it transpires that
petitioner and co-accused person, namely, Abhishek Kumar are
named in the FIR, who were caught on spot and huge amount as
Rs. 1,05,10,900/- cash kept in a box, 75 bank passbook, ATM
card, 28 cheque book, Adhar card, pan card, passport,
Patna High Court CR. MISC. No.15073 of 2026(2) dt.10-03-2026
2/3
registration certificate card, driving license, three mobile
phones, two lap-tops, Rs. 38950/- cash, 79 foreign currency
notes, 344 gram yellow colour metal like gold, 1.75 k.g. white
colour metal like silver, pan card, one bank notice, four ATM
card, four wrist watch and 17 sim-cards were recovered from the
house of the accused Abhishek Kumar. In the confessional-
statement of petitioner and co-accused person, namely,
Abhishek Kumar, they stated about their complicity in this case
and they have stated that they are indulged in the commission of
cyber fraud.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner and submits that the
petitioner is named in the FIR, who was caught on spot and
huge amount as Rs. 1,05,10,900/- cash kept in a box, 75 bank
passbook, ATM card, 28 cheque book, Adhar card, pan card,
passport, registration certificate card, driving license, three
mobile phones, two lap-tops, Rs. 38950/- cash, 79 foreign
currency notes, 344 gram yellow colour metal like gold, 1.75
Patna High Court CR. MISC. No.15073 of 2026(2) dt.10-03-2026
3/3
k.g. white colour metal like silver, pan card, one bank notice,
four ATM card, four wrist watch and 17 sim-cards were
recovered from the house of the petitioner. Further submits that
the informant in para-6 of the case diary has fully supported the
case of the prosecution. More witnesses in paragraphs-18 to 22
of the case diary have also fully supported the case of the
prosecution. Paragraph Nos. 37 to 39 of the case diary, it is
evident that for verification of the account numbers of the
petitioner involved in the crime.
6. Considering the aforesaid facts, I am not inclined
to enlarge the petitioner on bail in connection with Cyber
(Gopalganj) P.S. Case No. 174 of 2025, pending in the court of
learned A.C.J.M.-V, Gopalganj.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
Checking your session…