Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSUL
Holding
The Court held that bail must be denied because the nature of the alleged cyber‑crimes warrants custody.
Summary
The petitioner, Akash Kumar, was arrested in connection with a cyber‑crime case (Sheikhpura Cyber P.S. Case No. 5 of 2026) alleging violations of several provisions of the Bihar Narcotic Substances Act, 2023 and Sections 66(C) and 66(D) of the Information Technology Act, 2000. The prosecution claimed that the petitioner was involved in the cyber offence and that a cell phone and other material were recovered from him. The petitioner pleaded innocence, asserted a clean antecedent, and sought regular bail, having been in custody since 29 January 2026. The State opposed the bail application, emphasizing the seriousness of the alleged offences. The Court, after hearing both sides, dismissed the bail application, noting that the nature of the offences warranted denial of bail, while clarifying that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether the petitioner is entitled to regular bail despite the alleged offences under the Bihar Narcotic Substances Act, 2023 and the Information Technology Act, 2000.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 318(2), 318(4), 319(2), 336(2), 336(3), 340(2), 3(5), 61(2)
- Information Technology Act, 2000 — s. 66(C), 66(D)
Subjects
- bail
- cybercrime
- Information Technology Act
- Bihar Narcotic Substances Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20436 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- Cyber P.S. District- Sheikhpura
======================================================
Akash Kumar S/o- Suresh Chaudhary @ Suresh Choudhari R/v- Kabirpur Ps-
Shekhopur Sarai Dist- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 18-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Sheikhpura Cyber P.S. Case No. 5 of 2026, registered under
Sections 318(2), 318(4), 319(2), 336(2), 336(3), 340(2), 61(2)
and 3(5) of the B.N.S., 2023 and Sections 66(C) and 66(D) of
the Information Technology Act, 2000.
3. As per prosecution case, the petitioner was involved
in the cyber crime. Cell phone and other materials were
recovered from him.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Petitioner has clean antecedent and he is in
custody since 29.01.2026.
Patna High Court CR. MISC. No.20436 of 2026(3) dt.18-05-2026
2/2
5. Learned APP for the State has vehemently opposes
the prayer for bail of the petitioner.
6. Considering the nature of offence as alleged against
the petitioner, this application is dismissed.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Ranjeet/- Nitesh
U T
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