Patna High Court

Omkari KumarversusThe State of Bihar

Decided: 24 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Omkari Kumar, was arrested in a cyber‑fraud case (PS‑14/2026) and charged under several sections of the Bihar Negotiable Instruments Act and Sections 66(c) and 66(d) of the Information Technology Act. He contended that the only mobile seized belonged to him, no fraud was committed through it, and he had no prior criminal record, having been in judicial custody since 8 January 2026. The State opposed his regular bail application. After hearing both sides, the Court found the material on record insufficient to justify continued detention and ordered his release on regular bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

What is the appropriateness of granting regular bail to the petitioner under the multiple charges of the Bihar Negotiable Instruments Act and the IT Act?
Does the existence of a confessional statement and the seizure of a mobile phone constitute sufficient ground to deny bail?

Legislation cited

Bihar Negotiable Instruments Act — s. 316(2), 318(4), 319(2), 336(3), 338, 340(2), 3(5), 61(2)
Information Technology Act, 2000 — s. 66(c), 66(d)

Subjects

regular bail
cyber fraud
Information Technology Act
Bihar Negotiable Instruments Act
criminal procedure
bail petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17834 of 2026
                     Arising Out of PS. Case No.-14 Year-2026 Thana- KATRISARAI District- Nalanda
                 ======================================================
                 Omkari Kumar S/O Sachchidanand Singh Resident of village-Barandi, P.S.-
                 Katri Sarai, District- Nalanda.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bipin Kumar, Advocate
                 For the Opposite Party/s :       Mr. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   24-03-2026                     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 316(2),

                   318(4), 319(2), 336(3), 338, 340(2), 3(5) and 61(2) of BNS and

                   Sections 66(c) and 66(d) of the I.T. Act.

                                3. The case of the prosecution is that police had

                   information that certain persons are indulged in committing cyber

                   fraud, on this input, certain persons were apprehended who were

                   sitting near khanda. Petitioner is one amongst them.

                                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 from perusal of the

                   FIR, it is clear that only one mobile has been recovered from the
            Patna High Court CR. MISC. No.17834 of 2026(2) dt.24-03-2026
                                                        2/2




                      possession of this petitioner and the same belongs to him. It has

                      further been submitted that there is no allegation against the

                      petitioner that from that mobile any cyber fraud has been

                      committed or that he has cheated anybody. A statement has been

                      made in para-3 of this petition that the petitioner has got no

                      criminal antecedent. During course of investigation, he has given

                      his confessional statement. Save and except confessional

                      statement, there is nothing against him. Moreover, he is

                      languishing in judicial custody since 08.01.2026.

                                   5. Learned APP appearing for the State has vehemently

                      opposed the prayer of regular bail.

                                   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

                      Katrisarai P.S. Case No. 14 of 2026 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Chief Judicial Magistrate,

                      Nalanda at Biharsharif.



                                            (Ashok Kumar Pandey, J)
Shubham/-
U     T

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