Patna High Court
Abhishek PandeyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Guddu Kumar was arrested in a cyber‑fraud case (PS‑79/2025) alleging violations of several sections of the Bihar Negotiable Instruments Act (BNS) and the Information Technology Act. The prosecution relied on a co‑accused’s statement that Kumar was an associate in using other persons' bank accounts to launder fraud proceeds. Kumar contended he was merely an employee of the cyber‑cafe where material was recovered, had no personal recovery, no prior criminal record, and cited a similar bail order granted to co‑accused Vikram Kumar Singh. The State opposed regular bail. Considering the lack of direct evidence against Kumar, his clean antecedent, and the precedent, the court ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the allegations under sections of the BNS and IT Act.
- Whether the co‑accused’s bail order is a relevant precedent for granting bail to the petitioner.
- Whether the evidence presented by the prosecution justifies denial of bail.
Legislation cited
- Bihar Negotiable Instruments Act (BNS) — s. 111(2), 316(2), 318(4), 319(2), 337, 3(5)
- Information Technology Act — s. 66(B), 66(C), 66(D), 66(E)
Subjects
- regular bail
- cyber fraud
- Information Technology Act
- Bihar Negotiable Instruments Act
- co‑accused precedent
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87997 of 2025
Arising Out of PS. Case No.-79 Year-2025 Thana- Cyber P.S. District- Muzaffarpur
======================================================
Guddu Kumar S/O Nagendra Kumar Sah Resident of Village and Post-
Madhopur, P.S.- Mushari, District- Muzaffarpur, Bihar
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Shashi Priya, Advocate
Mr. Ritway Raman, Advocate
Ms. Pamphuri, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 05-02-2026 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 3 (5), 111
(2), 316 (2), 318(4), 319(2) and 337 of the BNS and Section 66
(B), ( C), (D) and (E) of the I.T. Act.
3. The case of the prosecution is that one Abhishek
Pandey disclosed before the police that petitioner is his
associate in committing Cyber fraud. Their role, as alleged, is
that they used the bank account of other persons for getting the
proceeds of Cyber fraud and the account holders were paid Rs.
1.2 percent.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.87997 of 2025(3) dt.05-02-2026
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petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
name of the petitioner has surfaced in the statement of co-
accused. As far as the recovery is concerned, the recovery has
been made from Cyber Cafe of one Mahavir @ Sonu. It is
further submitted that the items recovered from the said Cyber
Cafe are general items normally found in Cyber Cafe. It is
further submitted that no recovery has been made from the
present petitioner and that he is merely an employee of that
Cafe. It is further submitted that co-accused, namely, Vikram
Kumar Singh, having similar allegation, has been granted bail
by a Bench of this Court vide order dated 12.12.2025 passed in
Cr. Misc. No. 83989 of 2025. The case of this petitioner stands
on similar footing. Moreover, the petitioner is languishing in
judicial custody since 07.08.2025 having no criminal
antecedent.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid 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 Cyber (Muzaffarpur) P.S. Case No. 79
Patna High Court CR. MISC. No.87997 of 2025(3) dt.05-02-2026
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of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned JMFC (East) Muzaffarpur.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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