Patna High Court
Amardeep Kumar @ Amardeep ChaurasiyaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Amardeep Kumar was arrested in connection with a cyber‑fraud case (PS 570/2025) and charged under several sections of the Bihar Negotiable Instruments Act and Sections 66(c) and 66(D) of the Information Technology Act. The petitioner sought regular bail, claiming innocence and arguing that the only material seized was a single mobile phone containing a lottery advertisement and a government loan promotion, with no direct evidence of fraud. The trial court had recorded a confessional statement by the petitioner, but the prosecution presented no substantive proof of his participation in cyber fraud. The State opposed bail, while the petitioner’s counsel highlighted the lack of incriminating material beyond the confessional statement. After hearing both sides, the High Court found the evidence insufficient to justify continued detention and ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite a recorded confessional statement and multiple serious charges.
- Whether the material seized (a single mobile phone) constitutes sufficient evidence of commission of cyber fraud under the IT Act.
- Whether the prosecution’s case meets the threshold for denial of bail under criminal procedure law.
Legislation cited
- Bihar Negotiable Instruments Act — s. 316(2), 318(2), 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
- confessional statement
- criminal procedure
- evidence
- mobile phone seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18848 of 2026
Arising Out of PS. Case No.-570 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Amardeep Kumar @ Amardeep Chaurasiya S/O Chhotan Chaurasiya R/O
Village- Sangat Tola, Katri Sarai, P.S- Katri Sarai, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudish Kumar, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 31-03-2026 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(2), 319(2), 336(3), 338, 340(2), 61(2) and 3(5) of BNS and
Sections 66(c) and 66(D) of I.T. Act.
3. The case of the prosecution is that police has got
secret information that the petitioner along with others was
involved in cyber fraud and on this input, police reached the
place of of occurrence and the petitioner along with others was
apprehended.
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
Patna High Court CR. MISC. No.18848 of 2026(2) dt.31-03-2026
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FIR, it is clear that only one mobile has been recovered from the
possession of this petitioner and on that mobile, on the
Whatsapp, Kerala Lotery was found on D.P. and advertisment of
PM Mudra Loan was there. Learned counsel has submitted that
there is no allegation that petitioner has committed cyber fraud
with anyone. From perusal of the order of the learned trail court,
it is clear that learned trial court has recorded that from perusal
of para-11 of case diary, it will transpire that this petitioner has
given his confessional statement and has accepted his guilt.
Learned counsel has further submitted that save and except the
confessional statement, there is nothing against him. Moreover,
he is languishing in judicial custody since 17.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has stated
that altogether two mobiles have been recovered but as far as
complain regarding commission of cyber fraud with anyone is
concern, on this question, learned APP was also silent.
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
Giriyak P.S. Case No. 570 of 2025 on furnishing bail bond of
Patna High Court CR. MISC. No.18848 of 2026(2) dt.31-03-2026
3/3
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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