Patna High Court
Kundesh Kumar @ Chhotu KushwahaversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail could not be granted as the petitioner was implicated in cyber fraud with material evidence recovered, and the seriousness of the offences warranted continued custody.
Summary
Petitioner Kundesh Kumar was arrested on 16 January 2026 in connection with a cyber‑fraud case (Motihari Cyber P.S. Case No. 13 of 2026) alleging violations of several sections of the Bihar Negotiable Instruments Act and Sections 66(C) and 66(D) of the Information Technology Act. The prosecution claimed that police raids recovered a mobile phone, SIM cards, ATM card, passbook and cheque book used to perpetrate the fraud, and that the petitioner had disclosed accomplices. The petitioner argued that he had a clean antecedent and that the FIR was fabricated, seeking bail. The Additional Public Prosecutor opposed bail, emphasizing the material seized and the seriousness of the offences. The court, after considering the facts, declined to grant bail, finding sufficient grounds to keep the petitioner in custody, and refused the prayer for bail.
Issues considered
- Whether bail should be granted to the petitioner accused of cyber fraud under Sections 318(4), 303(2), 319(2), 338, 3(5) of the Bihar Negotiable Instruments Act and Sections 66(C) and 66(D) of the Information Technology Act.
Legislation cited
- Bihar Negotiable Instruments Act — s. 303(2), 318(4), 319(2), 338, 3(5)
- Information Technology Act, 2000 — s. 66(C), 66(D)
Subjects
- bail
- cyber fraud
- Information Technology Act
- Bihar Negotiable Instruments Act
- sections 66C
- sections 66D
- criminal procedure
- seizure of evidence
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19548 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- Cyber P.S. District- East Champaran
======================================================
Kundesh Kumar @ Chhotu Kushwaha S/o Pramod Kumar Kushwaha R/o
vill- Baudha, Ps- Ramgarhwa, District- East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
16.01.2026 in connection with Motihari Cyber P.S. Case No. 13
of 2026 for the offences punishable under Sections 318(4),
303(2), 319(2), 338, 3(5) of BNS and Sections 66(C) and 66(D)
of IT Act.
3. The prosecution case, in brief, is that on 13.1.2026
police secret information was received that Kundesh Kumar
Kushwaha @ Chotu, was involved in Cyber fraud by using bank
account and SIM cards of local people. It is further alleged that
police raid at his house on 14.01.2026 and arrested him. During
the raid one mobile phone, SIM card and Cheque book were
recovered. During interrogation he disclosed the name of his
Patna High Court CR. MISC. No.19548 of 2026(2) dt.31-03-2026
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associates Neeraj Kumar @ Subham Kumar who helped in
opening Bank Account for Cyber fraud. It is next alleged that
raid was conducted at his house where mobile phone, SIM
cards, ATM card pass book and Cheque book were seized. It is
further alleged that another accused Rmeo @ Romi @ Mohit
was also arrested later. All the accused persons were involved in
receiving and withdrawing Cyber money through the Bank
Account.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. It is further submitted that the
allegation as alleged in the FIR is forged and fabricated and the
petitioner has not committed any offence as alleged in the FIR.
5. The learned Additional Public Prosecutor, on the
other hand, has vehemently opposed the prayer for bail of the
petitioner and submits that from bare perusal of the FIR it
appears that petitioner is involved in the cyber fraud and raid
has been conducted in the house of the petitioner and number of
articles which were used in the cyber fraud were recovered from
the house of the petitioner.
6. Considering the aforesaid facts and circumstances,
I am not inclined to enlarge the petitioner on bail in connection
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with Motihari Cyber P.S. Case No. 13 of 2026 pending in the
court of learned ACJM IV, East Champaran, Motihari.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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