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Patna High Court

Abhay Kumar @ Abhay KharwarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner, directing him to furnish a Rs 10,000 bond with two sureties.

Summary

The petitioner, Abhay Kumar, was arrested in a cyber‑fraud case (Buxar Cyber P.S. Case No. 55 of 2025) involving alleged mobile gaming and online fraud, with police seizing numerous electronic devices and documents. He sought bail, claiming innocence, that only a mobile phone was found in his possession, and that co‑accused had previously been granted bail in a similar case. The State opposed bail, citing the seriousness of the offences under the B.N.S. 2023, the IT Act and the Online Gaming Act. After hearing both sides, the court noted the lack of prior criminal record and the similarity to earlier bail orders, and decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs 10,000 with two sureties to the satisfaction of the ACJM‑V, Buxar.

Issues considered

  • What is the appropriate bail disposition for the petitioner given the nature of the offences under the B.N.S., IT Act and Online Gaming Act?
  • Does the petitioner pose a risk of fleeing, tampering with evidence, or influencing witnesses that would justify denial of bail?

Legislation cited

Subjects

  • bail
  • cyber fraud
  • mobile gaming
  • online gaming act
  • IT Act
  • seizure of electronic devices
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19112 of 2026
                        Arising Out of PS. Case No.-55 Year-2025 Thana- Cyber P.S. District- Buxar
                 ======================================================
                 Abhay Kumar @ Abhay Kharwar R/o Ramesh Kharwar @ Ramesh R/o
                 Village - Chandauli, P.S.- Chakiya, Dist. - Chandauli, U.P.

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

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

2   08-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Buxar Cyber P.S. Case No. 55 of 2025 registered for the

                   offence punishable under Sections 318(4), 319(2), 336(3), 338,

                   340(2), 112, 3(5) of the B.N.S., 2023 and Section 66(D) of the

                   I.T. Act as well as Section 9(1) of the Promotion and Regulation

                   of Online Gaming Act.

                                3. The case of the prosecution, in short, is that on

                   28.11.2025, police received an information that in a rented

                   house, Anil Kumar Jaiswal and Aman Kumar Jaiswal have

                   called persons from all over Indian and they are indulged in

                   mobile gaming and cyber fraud. On this input, police reached at

                   the rented house and from there, 31 mobile phones, various SIM
Patna High Court CR. MISC. No.19112 of 2026(2) dt.08-04-2026
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          cards, 4 laptops, 2 wi-fi router, 82 ATMs, 9 passbooks and 5

          cheque-books were recovered. It is also alleged that a total of 18

          persons were arrested.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. He also submits that the name of the petitioner finds place

          in the list and from perusal of the seizure list, it will transpire

          that only a mobile was recovered from the possession of the

          petitioner. He further submits that similarly situated other co-

          accused persons have been granted bail by this court vide Cr.

          Misc. No. 17486 of 2026. The case of this petitioner stands on

          similar footing. Moreover, a statement has been made in para 3

          of the petition that petitioner has no criminal antecedent and he

          is languishing in judicial custody since 30.11.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       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 enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
           Patna High Court CR. MISC. No.19112 of 2026(2) dt.08-04-2026
                                                       3/3




                     of the like amount each to the satisfaction of the learned

                     A.C.J.M.-V, Buxar in connection with Buxar Cyber P.S. Case

                     No. 55 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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