Patna High Court
Kundan Kumar @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Kundan Kumar, was arrested during a police raid targeting alleged cyber fraudsters and charged under multiple sections of the Bihar Narcotic and Psychotropic Substances Act and the Information Technology Act. He contended that only a mobile phone and Rs.9,850 were recovered from him, no incriminating material was found, and he has no prior criminal record, having been in judicial custody since 23‑11‑2025. The State opposed his request for regular bail, arguing the seriousness of the offences. After hearing both sides, the Patna High Court considered the lack of evidence against the petitioner and his clean antecedents, and decided to grant regular bail. The court ordered his release upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Nalanda.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged under serious provisions of the BNS Act and the IT Act
Legislation cited
- Information Technology Act — s. 66(c), 66(d)
Subjects
- regular bail
- cyber fraud
- Information Technology Act
- Bihar Narcotic and Psychotropic Substances Act
- criminal procedure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16191 of 2026
Arising Out of PS. Case No.-525 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Kundan Kumar @ Chandan Kumar S/O Vijay Yadav @ Vijay Kumar
Resident Of Village- Katrisarai, Police Station- Katrisarai, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudish Kumar, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 316(2),
318(4), 319(2), 336(3), 338, 340(2), 3(5) and 61(2) of BNS and
Sections 66(c) and 66(D) of I.T. Act.
3. The case of the prosecution is that police had
information that Guddu Kumar and Raj Karan Yadav are
planning to commit some cyber fraud. On this input, police
raided the house of Guddu Kumar. Certain persons were
apprehended and petitioner is one amongst them.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from the possession
Patna High Court CR. MISC. No.16191 of 2026(2) dt.13-03-2026
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of this petitioner, only one mobile and Rs. 9850 were recovered.
No incriminating article has been recovered from the possession
of this petitioner. There is no allegation that he has committed
any fraud with anyone. A statement has been made in para-3 of
this petition that the petitioner has got no criminal antecedent.
Moreover, he is languishing in judicial custody since
23.11.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Giriyak P.S. Case No. 525 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Nalanda at Biharsharif.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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