Patna High Court
Abhishek Nandan @ Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court allowed the bail petition, granting bail with conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Abhishek Nandan, was implicated in a cyber‑related case (Cyber P.S. Case No. 44 of 2024) for alleged offences under Sections 419 and 420 of the IPC and Sections 66(C) and 66(D) of the IT Act. He claimed innocence, stating that no incriminating material was recovered from him and that he had no prior criminal record. The State opposed bail, arguing the seriousness of the offences. The Court examined the bail petition, noting that the petitioner had not previously applied for anticipatory or regular bail and that the allegations were based largely on confessional statements of others. Considering the lack of material evidence against him and his clean antecedent, the Court granted bail on condition of a Rs.10,000 bond with two sureties and imposed further conditions under Section 482(2) of the B.N.S.S., 2023. The order directed the petitioner to surrender within eight weeks if arrested, with provisions for cancellation of bail upon discovery of false statements or concealed antecedents.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 419, 420 IPC and Sections 66(C), 66(D) IT Act.
- Whether the petitioner’s claim of no incriminating material and clean antecedent warrants bail.
Legislation cited
- Indian Penal Code — s. 419, 420
- Information Technology Act — s. 66(C), 66(D)
Subjects
- bail
- cyber crime
- IPC
- IT Act
- anticipatory bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16419 of 2026
Arising Out of PS. Case No.-44 Year-2024 Thana- Cyber P.S. District- Aurangabad
======================================================
Abhishek Nandan @ Abhishek Kumar S/o Navin Singh @ Awadhesh Singh,
R/o Village - Sikandarpur Tola Murgiachak, P.S - Wazirganj, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar, Advocate
For the State : Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Cyber P.S. Case No. 44 of 2024, dated
16.06.2024, registered for the offences punishable under
Sections 419 and 420 of the Indian Penal Code and Sections
66(C) and 66(D) of the I.T. Act.
3. As per allegation, four young persons were found
standing near ATM from whom some mobile and money were
recovered and in their confessional statements, the petitioner
was also one of their friends.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He further submits that petitioner is no way connected
Patna High Court CR. MISC. No.16419 of 2026(2) dt.25-03-2026
2/3
with the alleged offence and there is no incriminating material
against him, nor anything has been recovered from him.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned concerned Court Below, in connection with Cyber P.S.
Case No. 44 of 2024, subject to the conditions as laid down
under Section 482 (2) of the B.N.S.S., 2023 and on the
following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedent, learned
Patna High Court CR. MISC. No.16419 of 2026(2) dt.25-03-2026
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court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
ravishankar/-
U T
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