Patna High Court
Sujal KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners, finding no sufficient link between them and the seized contraband.
Summary
The petitioners, two students, were arrested in connection with a cyber‑fraud case where police recovered laptops, mobiles, SIM cards and ATM cards from the house of a third‑party, Yamuna Ram. The prosecution alleged offences under sections 319(2), 318(4), 336(3), 338, 340(2), 111(2)(b) and 3(5) of the BNS Act and sections 66, 66B, 66C and 66D of the Information Technology Act. The petitioners contended they had no criminal antecedent, were unaware of the seized items, and that nothing was recovered from their possession; they had been in judicial custody since 9 January 2026. The State opposed regular bail. After hearing both sides, the court found the petitioners’ claim of innocence credible and, considering the lack of direct evidence linking them to the seized material, ordered their release on regular bail subject to a bond of Rs 10,000 with two sureties each.
Issues considered
- Whether the petitioners are entitled to regular bail despite the serious offences alleged under the BNS Act and the IT Act.
- Whether the seizure of material from a third‑party’s premises can justify denial of bail to the petitioners.
Legislation cited
- BNS — s. 111(2)(b), 318(4), 319(2), 336(3), 338, 340(2), 3(5)
- Information Technology Act — s. 66, 66B, 66C, 66D
Subjects
- regular bail
- cyber fraud
- Information Technology Act
- BNS Act
- seizure of property
- judicial custody
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20782 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- PAKARIBARAW District- Nawada
======================================================
Sujal Kumar S/o- Mahesh Ram R/o - Sabji Bagan Jharia, P.S - Jharia, District
- Dhanbad, Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 21092 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- PAKARIBARAW District- Nawada
======================================================
Raja Ravani S/o Jagarnath Ravani R/o - Ward No. 45, Jharia, P.S - Jharia,
District - Dhanbad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 20782 of 2026)
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
(In CRIMINAL MISCELLANEOUS No. 21092 of 2026)
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 319(2),
318(4), 336(3), 338, 340(2), 111(2) (b) and 3(5) of BNS and
Sections 66, 66(B), 66(c) and 66(D) of I.T. Act.
Patna High Court CR. MISC. No.20782 of 2026(2) dt.02-04-2026
2/3
3. The case of the prosecution is that police has
information that certain miscreants are indulged in cyber fraud
and on this input, they raided the house of one Yamuna Ram.
From his house, laptops, mobiles, 16 sim cards, atm cards and
passbooks were recovered.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Learned counsel for the petitioners has submitted that nothing
has been recovered from the possession of the petitioners. It is
clear from the seizure list also that specific seizure list is not
made and the signature of the persons apprehended is there on
the seizure list. In FIR also, it is clear that the recovery was
made from the house of Yamuna Ram. Learned counsel has
submitted that petitioners are student and they have gone there
to attend puja. They are unaware of the articles which were
recovered from the house of Yamuna Ram. A statement has been
made in para-3 of this petition that the petitioners have got no
criminal antecedent. Moreover, they are languishing in judicial
custody since 09.01.2026.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.20782 of 2026(2) dt.02-04-2026
3/3
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Pakribarawan P.S. Case No. 16 of 2026 on furnishing bail bond
of Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-II, Nawadah.
(Ashok Kumar Pandey, J)
shubham/-
U T
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