Patna High Court
PINKU KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted bail to the petitioner with specific conditions, finding that his undertaking and prolonged custody warranted relief despite the nature of the charges.
Summary
Pinku Kumar was arrested in connection with a cyber‑fraud case involving the tampering of ATM machines and was kept in judicial custody since 19 February 2025. He was charged under Sections 303(2), 318(4), 319(2), 3(5) and 61(2) of the Bihar Negotiable Instruments Act. The petitioner applied for bail, assuring the court of regular appearance and non‑interference with witnesses, while the State opposed bail on the ground of his criminal antecedents. The court considered the length of custody, the petitioner’s undertaking, and the State’s objections, and decided to grant bail subject to stringent conditions including a cash bond, sureties, regular court appearances, fortnightly police attendance, and a prohibition on tampering with evidence or committing further offences. The bail order was issued with a bond of Rs. 10,000 and two sureties of equal amount, with the stipulated conditions enforceable by the trial court.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and his criminal antecedents
- Whether the petitioner’s undertaking and length of pre‑trial custody justify the grant of bail
Legislation cited
- Bihar Negotiable Instruments Act — s. 303(2), 318(4), 319(2), 3(5), 61(2)
Subjects
- bail
- cyber crime
- ATM fraud
- judicial custody
- conditions of bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21175 of 2026
Arising Out of PS. Case No.-24 Year-2025 Thana- Cyber P.S. District- Nawada
======================================================
PINKU KUMAR S/o UMA SINGH R/o vill - Repura, P.S.- Sitamarhi, Distt.-
Nawada
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar, Advocate
For the Opposite Party/s : Mr.Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 03-04-2026 Heard Mr. Sunil Kumar, learned counsel for the
petitioner and the State.
2. The petitioner is in judicial custody in connection
with Nawada Cyber P.S. Case No. 24 of 2025 for the offence
punishable under Sections 303(2), 318(4), 319(2), 3(5), 61(2) of
B.N.S. lodged on 18.02.2025 by the informant, Gopal Kumar.
3. As per the prosecution story, the informant who is
having master franchise of Hitachi Payment Service Private
Limited came to know about non-functioning of the eight ATM
machines in the Nawada Town. Upon watching the camera, it
was found that the petitioner uses feviquick in the ATM Card
and when the ATM Card goes inside and got stuck, they give the
call number which is actually of their own friends who came
posing themselves as ATM Engineers, PIN is extracted and
Patna High Court CR. MISC. No.21175 of 2026(2) dt.03-04-2026
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thereafter, withdrawals are made. This led to the FIR.
4. Learned counsel for the petitioner submits that he
has remained in custody since 19.02.2025, if granted bail, he
shall be diligently appearing in trial and shall not indulge in any
criminal activities failing which the State can take steps for
cancellation of bail bond.
5. Learned APP opposes the prayer submitting that he
has criminal antecedent.
6. Considering the submissions of the parties as also
that he is in custody since 19.02.2025, an undertaking has been
given that he shall be diligently appearing in trial, in that
background, this Court is inclined to extend him the privilege of
bail with conditions.
7. Let the petitioner be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) with two sureties of
like amount each to the satisfaction of learned Chief Judicial
Magistrate, Nawada, in connection with Nawada Cyber P.S.
Case No. 24 of 2025 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his bona fide;
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(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every fortnight for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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