Patna High Court
Chandan KumarversusThe state of bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail to the petitioner, dismissing the application.
Summary
The petitioner, Chandan Kumar, sought bail after being implicated in a cyber fraud case (Sheikhpura Cyber P.S. Case No. 25 of 2025) involving alleged offences under the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act. The prosecution alleged that during a raid on 2-3 August 2025, secret information led to the discovery of a conspiracy to commit cyber fraud, resulting in the apprehension of six accused and seizure of two mobile phones. The petitioner contended that he is innocent, has no prior criminal record, and was falsely implicated. The court examined the seriousness of the alleged offences, particularly the cyber fraud charges, and considered the risk of flight and potential tampering with evidence. Given the gravity of the accusations and the nature of the offences, the court was not persuaded to grant bail. Consequently, the bail application was dismissed.
Issues considered
- What is the appropriate decision on the bail application of the petitioner accused of multiple cyber fraud offences under the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 318(2), 318(4), 319(2), 336(2), 336(3), 340(2), 3(5), 61(2)
Subjects
- bail
- cyber crime
- Information Technology Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- pre-trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20962 of 2026
Arising Out of PS. Case No.-25 Year-2025 Thana- Cyber P.S. District- Sheikhpura
======================================================
Chandan Kumar S/O Nadul Prasad @ Nakul Prasad R/O Village- Panchi, P.S-
Sheikhpura Sarai, District- Sheikhpura
... ... Petitioner/s
Versus
The state of bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bipin Kumar, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Sheikhpura Cyber P.S. Case No. 25 of 2025 instituted for
the offence under Sections 303(2), 318(2), 318(4), 319(2),
336(2), 336(3), 340(2), 3(5) & 61(2) of the Bharatiya Nyaya
Sanhita, 2023 and Sections 66(C) & 66(D) of the Information
and Technology Act.
3. Prosecution case, in brief, is that on 02/03.08.2025,
on receiving secret information, the Cyber Crime Police led a
raid near Durga Temple, Panchi village, where several persons
were found conspiring to commit cyber fraud and attempted to
flee away on seeing the police. During the raid, six accused
persons were apprehended and two mobile phones were
Patna High Court CR. MISC. No.20962 of 2026(2) dt.30-04-2026
2/2
recovered from their possession.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. He further submits that the petitioner has no criminal
antecedent.
5. Considering the serious allegation of cyber fraud
levelled against the petitioner, this Court is not inclined to grant
bail to the petitioner.
6. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
P. Kumar
U
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