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Patna High Court

Abhishek Nandan @ Abhishek KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                     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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