Patna High Court
Alok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted, subject to conditions, because the petitioner demonstrated a clean antecedent, false implication, and willingness to cooperate, in accordance with Section 482(2) of the B.N.S.S.
Summary
Alok Kumar petitioned for anticipatory bail after being implicated in a cyber‑crime case registered under several sections of the B.N.S., 2023. He asserted a clean antecedent and claimed that the informant, an employee of the cyber‑cafe, falsely implicated him. The State opposed the bail. The court examined the petitioner's claim of false implication, his willingness to cooperate with the investigation, and his clean record. It granted anticipatory bail on the condition that he surrenders within six weeks, furnishes bail bonds of Rs.10,000 with two sureties, and that his father act as one bailor. The order also empowered the trial court to cancel the bail if the petitioner fails to cooperate.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged false implication and pending charges under the B.N.S., 2023.
Legislation cited
- B.N.S., 2023 — s. 111, 318(4), 319(2), 336, 338, 340(2), 3(5), 61(2)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- cyber crime
- false implication
- bail conditions
- cooperation with investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17498 of 2026
Arising Out of PS. Case No.-275 Year-2025 Thana- GHORASAHAN District- East
Champaran
======================================================
Alok Kumar S/O Jitendra prasad Resident of village - Ghorasahan, Ward no-
5, p.s- Ghorasahan, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Opposite Party/s : Mr. Surendra Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 319(2),
318(4), 338, 336, 340(2), 111, 61(2) and 3(5) of the B.N.S.,
2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that he received an information from CID that Bhushan
and Golu run cyber cafe and Alok (petitioner) is a staff and
indulged in cyber offence, thus the cyber cafe was raided and
various documents, including foreign currency, Aadhar,
Passbook etc. were seized and it transpired that they committed
Patna High Court CR. MISC. No.17498 of 2026(2) dt.29-04-2026
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fraud with innocent persons and were involved in cyber crime.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant being an employee in the said cyber cafe run by
Bhushan and Golu. It is also submitted that if privilege of
anticipatory bail is granted, the petitioner will not abscond
rather will cooperate in the investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Ghorasahan P.S. Case No.275/2025, subject to the
conditions as laid down under Section 482(2) B.N.S.S.
7. Further, one of the bailors of the petitioner shall be
his father, namely, Jitendra Prasad.
8. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
Patna High Court CR. MISC. No.17498 of 2026(2) dt.29-04-2026
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learned trial court bringing to its notice that the petitioner
despite giving assurance to this court is not co-operating in the
investigation in that event the learned trial court shall be at
liberty to cancel the bail bonds of the petitioner.
(Satyavrat Verma, J)
amit/-
U T
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