Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court held that bail must be granted to the petitioners as the prosecution failed to demonstrate sufficient material to justify their continued custody.
Summary
The petitioners – Kundan Kumar, Vikash Kumar and Ranvir Kumar – were arrested in Giriyak, Nalanda on suspicion of involvement in a cyber‑fraud scheme, with the police recovering mobile phones from them. They were charged under several sections of the Bihar Narcotic and Psychotropic Substances Act (BNPSA) and sections 66(c) and 66(d) of the Information Technology Act. The petitioners contended that they were falsely implicated, that no complaint of cheating had been lodged, and that the search and seizure violated section 103 of the BNPSA. The State opposed the bail application, relying on the filed charge‑sheet and the seriousness of the alleged offences. Considering the lack of substantive evidence, the petitioners’ clean criminal record, and the length of pre‑trial detention, the Court ordered that bail be granted on a bond of Rs 10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioners are entitled to regular bail despite the pending charge‑sheet under the BNPSA and IT Act.
- Whether the search and seizure conducted by the police violated section 103 of the BNPSA.
- Whether the material on record is sufficient to justify continued detention.
Legislation cited
- Bihar Narcotic and Psychotropic Substances Act — s. 103, 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
- bail
- cyber fraud
- Information Technology Act
- search and seizure
- false implication
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 18441 of 2026
Arising Out of PS. Case No.-43 Year-2026 Thana- GRIYAK District- Nalanda
======================================================
1. Kundan Kumar Son of Bindeshwar Raut @ Vinesar Raut R/o Village -
Jawaharchak, P.S. - Katrisarai in the district of Nalanda.
2. Vikash Kumar Son of Anil Choudhary R/o Village - Jawaharchak, P.S. -
Katrisarai in the district of Nalanda.
3. Ranvir Kumar @ Ranveer Raj Son of Naresh Prasad R/o Village -
Jawaharchak, P.S. - Katrisarai in the district of Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar, Adv
For the Opposite Party/s : Mr.Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 04-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have preferred this application for
grant of regular bail in connection with Giriyak P.S. Case No.
43 of 2026 registered for the offences punishable under Sections
316(2), 318(4), 319(2), 336(3), 338, 340(2), 61(2), 3(5) of
B.N.S. and sections 66(D), 66(c) of the I.T. Act.
3. As per the prosecution case, the petitioner, along
with police party, reached at the place of occurrence, wherein
the informant found some persons seated there and, whereas
probably engaged in cyber fraud, the persons sitting there
Patna High Court CR. MISC. No. 18441 of 2026(3) dt.04-05-2026
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started fleeing away, while the petitioner along with co-accused
persons were arrested at the spot. They were searched and from
the possession of the petitioner one screen touch mobile was
recovered and from other co-accused persons different mobiles
and other articles was recovered.
4. Learned counsel for the petitioners has submitted
that petitioner has been falsely implicated in this case, the police
has yet not come to a finding that any person were cheated in
the process and except suspicion against the petitioner and
others being involved in the cyber fraud, there is no material
against the petitioner. It has been submitted that none has raised
any complaint against the petitioner. It has been further
submitted that the search and seizure is in violation of section
103 BNSS. It has been further submitted that petitioners are in
custody since 21.01.2026, chargesheet has been submitted in
this case and petitioners have got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances
of the case as well as the period of custody, the petitioners
above-named, are directed to be enlarged on bail on furnishing
bail-bond of Rs.10,000/- (Rupees Ten Thousand) each with two
Patna High Court CR. MISC. No. 18441 of 2026(3) dt.04-05-2026
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sureties of the like amount each to the satisfaction of learned
Court concerned, in connection with Giriyak P.S. Case No. 43 of
2026.
7. The application stands allowed.
(Praveen Kumar, J)
niku/-
U T
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