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Patna High Court

Alok KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       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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