Patna High Court
Sudhanshu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner, subject to surrender and bond conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Sudhanshu Kumar applied for anticipatory bail fearing arrest in a Nawada cyber‑fraud case (Case No. 110 of 2025) involving offences under the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Information Technology Act. The prosecution alleged that a raid on his father’s house recovered electronic devices and documents, suggesting his involvement in cyber fraud. The petitioner contended that nothing was seized from his personal possession, he has no criminal antecedents, and other co‑accused have already been granted bail. The State opposed the bail. After hearing both sides, the Court ordered that the petitioner be granted anticipatory bail, subject to surrender within four weeks and furnishing a bail bond of Rs 10,000 with two sureties, under section 482(2) of the B.N.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the alleged offences under the B.N.S. and the IT Act
- Whether the seizure of items from the petitioner’s family residence suffices to justify denial of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 111, 303(2), 317(2), 317(5), 318(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2), 482(2), 61(2)
- Information Technology Act — s. 66, 66(B), 66(C), 66(D)
Subjects
- anticipatory bail
- cyber fraud
- IT Act
- B.N.S.
- section 482
- seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17302 of 2026
Arising Out of PS. Case No.-110 Year-2025 Thana- Cyber P.S. District- Nawada
======================================================
Sudhanshu Kumar S/O Akhilesh Kumar R/O Village - Telari, P.S- Rupau,
District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Shilpi Keshri, Advocate
Mr. Dr. Anurag Kishore Tiwary, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection
with Nawada Cyber P.S. Case No. 110 of 2025 instituted for the
offence under Sections 303(2), 318(2), 318(4), 319(2), 336(2),
336(3), 338, 340(2), 111, 317(2), 317(5) and 61(2) of the B.N.S.
and Sections 66, 66(B), 66(C), 66(D) of the I.T. Act.
3. The case of the prosecution in short is that on
suspicion a raid was conducted by the informant. During the
raid several electronic gadgets i.e., mobile phone, ATM card,
Aadhar Card and passbook of different banks were said to be
recovered and a suspicion was raised that the apprehended co-
Patna High Court CR. MISC. No.17302 of 2026(2) dt.18-03-2026
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accused persons were involved in cyber fraud.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has falsely been implicated in this case. He submits
that from perusal of the seizure list, it transpires that the
recovery has been made from the house of Akhilesh Kumar
Petitioner is the son of Akhilesh Kumar. He also submits that
nothing has been recovered from the possession of this
petitioner and the recovery which has been made from the
house, belong to the petitioner and his family members. No
incriminating article has been recovered. He further submits that
similarly situated other co-accused person has already been
granted bail by the learned coordinate bench of this Court vide
Cr. Misc. No. 80746 of 2025. He further submits that a
statement has been made in para-3 of this petition that the
petitioner has got no criminal antecedent.
5. In contra, learned APP appearing for the State and
learned counsel for the informant have opposed the prayer of
bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
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is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Nawada Cyber P.S. Case No. 110 of 2025, he
will be enlarged on bail on furnishing bail bond of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each
to the satisfaction of learned A.C.J.M.-VI, Nawada subject to
the conditions as laid down under section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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