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Patna High Court

Aditya KumarversusThe State of Bihar

Decided
Disposal
REJECTED

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

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
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          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


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