Patna High Court
Chandan Kumar @ Chandan Yadav @ Chetan YadavversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner was arrested in a case alleging cheating under IPC sections 419 and 420 and cyber offences under IT Act sections 66(c) and 66(d) after a complainant reported a loss of Rs.8,11,927 through a fraudulent PhonePe transaction. The petitioner claimed innocence, stating that the money was transferred to another person's account and that only the co‑accused Manish’s confessional statement implicated him. The State opposed bail, citing two prior criminal antecedents. The court examined the lack of direct evidence against the petitioner, the similarity to a prior bail case (Cr. Misc. No. 53629 of 2024), and the petitioner’s prolonged custody since 3 January 2026. Accordingly, the court granted regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under IPC 419, 420 and IT Act 66(c), 66(d).
- Whether the confessional statement of a co‑accused is sufficient to justify denial of bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Indian Penal Code — s. 419, 420
- Information Technology Act — s. 66(c), 66(d)
Subjects
- bail
- regular bail
- cheating
- cyber fraud
- IPC
- IT Act
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17076 of 2026
Arising Out of PS. Case No.-57 Year-2024 Thana- Cyber P.S. District- Saran
======================================================
Chandan Kumar @ Chandan Yadav @ Chetan Yadav S/O Birendra Kumar @
Birendra Yadav @ Birenra gope R/O Village- Baralgawan, P.s.- Islampur,
District- Nalanda
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
Mr. Purushottam Kumar, Advocate
Mr. Shivam, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-03-2026 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 419 and 420
of Indian Penal Code and Section 66(c) and 66(d) of I.T. Act.
3. The case of the prosecution is that the complainant
went to Dighwara Branch of State Bank of India and
complained that from his phone pe account, the money was not
being transferred, the bank officials informed him that there was
no issue from the bank end and suggested him to talk with
customer care of phone pe, as his limit has been closed. It is
further alleged that as the complainant contacted the customer
Patna High Court CR. MISC. No.17076 of 2026(2) dt.23-03-2026
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care number, he was directed to download some app and
through that app, he has been cheated with Rs. 8,11,927/-.
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 some of the amount
was received in the account of Nitish. It has further been
submitted that nothing has been found in the account of this
petitioner. It has further been submitted that Manish has given
his confessional statement and in his confessional statement, he
has named this petitioner. Save and except, confessional
statement of Manish, there is nothing against this petitioner.
Manish has been granted bail by learned co-ordinate Bench of
this Court vide Cr. Misc. No. 53629 of 2024. The case of this
petitioner stands on similar footing. Moreover, the petitioner is
languishing in judicial custody since 03.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having two criminal antecedents.
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
Patna High Court CR. MISC. No.17076 of 2026(2) dt.23-03-2026
3/3
Saran Cyber P.S. Case No. 57 of 2024 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-IV, Saran at Chapra.
(Ashok Kumar Pandey, J)
shbham/-
U T
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