Patna High Court
Sanni KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Considering the period of custody, the court allowed the petition for provisional bail subject to specified conditions.
Summary
The petitioner, Sanni Kumar, was arrested on 17 November 2025 for alleged cyber fraud involving a loss of Rs.129,273 and charged under Sections 303(2), 319(2), 318(4) of the Bharatiya Nyaya Sanhita and Sections 61(6)(C) and 66(D) of the Information Technology Act, 2000. He claimed innocence, acknowledged a single prior cyber case, and offered to repay the amount in three equal installments. The High Court, noting the length of his custody, allowed his application for provisional bail, requiring a bail bond of Rs.10,000 with two sureties and the payment of the disputed amount via demand drafts in three monthly installments. Additional conditions included verification of any further criminal antecedents, attendance at the Chiksaura Police Station every Sunday, and cancellation of bail upon default. Upon full payment, the provisional bail would be confirmed; otherwise, it would be revoked.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the cyber fraud offences under the Bharatiya Nyaya Sanhita and the IT Act.
- Whether the petitioner’s prior criminal antecedent justifies denial of bail.
- Whether the conditions imposed—payment of the alleged loss in installments, verification of antecedents, and regular police‑station attendance—are lawful and appropriate.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 303(2), 318(4), 319(2)
- Information Technology Act, 2000 — s. 61(6)(C), 66(D)
Subjects
- bail
- cyber fraud
- Information Technology Act
- provisional bail
- criminal antecedent
- payment conditions
- police attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15581 of 2026
Arising Out of PS. Case No.-7 Year-2025 Thana- Cyber P.S. District- Rohtas
======================================================
Sanni Kumar S/o Jitendra Paswan R/o Village- Faraspur, P.S- Chiksaura, Dist-
Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Bharti, Advocate
For the State : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Rohtas
(Cyber) P.S. Case No. 07 of 2025 registered for the offence
punishable under Sections 303(2), 319(2) and 318(4) of the
Bharatiya Nyaya Sanhita and Sections 6i6(C) and 66(D) of the
Information Technology Act, 2000.
3. The petitioner is accused of committing cyber fraud
and cheating the informant of Rs. 1,29, 273/-.
4. Learned counsel for the petitioner submits that he is
innocent and has been falsely implicated in this case. Further,
learned counsel also fairly submits that the petitioner has one
criminal antecedent i.e., Banka Cyber P.S. Case No. 20 of 2025.
5. Learned counsel for the petitioner submits that
without accepting his guilt, the petitioner is ready to return the
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aforesaid amount to the informant in three equal installments.
6. The petitioner is in custody since 17.11.2025.
7. Considering the period of custody, this application
is allowed.
8. Let the petitioner, above named, be released on
provisional bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Rohtas at
Sasaram in connection with Rohtas (Cyber) P.S. Case No. 07 of
2025.
9. The grant of provisional bail is subject to the
condition that the petitioner shall pay Rs. 1,29,273/- to the
informant by way of demand draft in three equal monthly
installments.
10. At the time of furnishing the bail bonds, the
petitioner shall furnish a demand draft of the first equal monthly
installment, in favour of the informant. If the petitioner
furnishes the demand draft of the first installment then the Court
below shall accept the bail bonds of the petitioner and hand over
the said demand draft to the informant. Thereafter, the petitioner
shall deposit the balance amount by way of demand draft in
favour of the informant in two remaining installments before the
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Court below which again shall be handed over to the informant.
11. Furthermore, as the petitioner claims to have only
one criminal antecedent except the present case i.e., Banka
Cyber P.S. Case No. 20 of 2025, the Court below, before
accepting the bail bonds of the petitioner is directed to verify the
antecedent of the petitioner. If the petitioner is found to be
involved in any other case except Banka Cyber P.S. Case No. 20
of 2025 and the present case then his bail bonds shall not be
accepted.
12. After the entire amount of Rs. 1,29,273/- is paid,
the provisional bail granted to the petitioner shall be confirmed
by the Court below. If the petitioner fails to pay the entire
amount, as stated above, the provisional bail granted to the
petitioner shall be cancelled by the Court below.
13. The petitioner will also mark attendance in
Chiksaura Police Station, District- Nalanda on every Sunday of
the month. Any default in appearance at the Police Station
would result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
P. Kumar
U T
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