Patna High Court
Abhay Kumar @ Abhay KharwarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S., 2023 — s. 112, 318(4), 319(2), 336(3), 338, 340(2), 3(5)
- Information Technology Act — s. 66(D)
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
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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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