Patna High Court
Banti KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted to the petitioner in view of the seriousness of the alleged cyber‑fraud offences.
Summary
The petitioner, Banti Kumar, was arrested on 29‑12‑2025 for alleged cyber‑fraud involving cheating victims, possession of stolen mobile phones, ATM cards and an Aadhar card, and using fake identities on social media. The prosecution alleged that he posed as a 'Baba' to trap innocent people and carried out fraudulent transactions. The petitioner applied for bail under Criminal Miscellaneous No.21188 of 2026. The court examined the seriousness of the offences, the nature of the alleged fraud, and the evidence seized from the petitioner’s phones. Concluding that the allegations indicated a grave cyber‑fraud, the court was not inclined to grant bail. Consequently, the bail application was dismissed, with the court noting that its observations were limited to the bail issue and did not prejudice the trial’s merits.
Issues considered
- Whether bail should be granted to the petitioner accused of cyber‑fraud and related offences under sections 319(2), 318(4), 338, 336(3), and 340(2) of the BNS.
Legislation cited
- BNS — s. 318, 319, 336, 338, 340
Subjects
- bail
- cyber fraud
- cheating
- false representation
- Indian Penal Code
- sections 319, 318, 336, 338, 340
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21188 of 2026
Arising Out of PS. Case No.-428 Year-2025 Thana- ASHTHAWAN District- Nalanda
======================================================
Banti Kumar S/o- Sanjay Choudhary R/v- Oiyavan Ps- Asthawan Dist-
Nalanda
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rudal Singh
For the Opposite Party/s : Mr.Tarun Prasad Mandal
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with G.R.
No. 7423 of 2025 arising out of Asthawan P.S. Case No. 428 of
2025 registered for the offence under Sections 319(2), 318(4),
338, 336(3), 340(2) of the BNS.
3. As per the prosecution case, the accused of
cheating the informant and other victims and several mobile
phones, ATM cards and one Aadhar Card has been recovered.
On verification of mobile phones, it is found that the petitioner
used to trap innocent people by posing himself as Baba and
exchange of money, fake facebook account, fake voice and fake
photos were also found in the seized phones.
4. The petitioner is in custody since 29.12.2025 and it
Patna High Court CR. MISC. No.21188 of 2026(2) dt.06-04-2026
2/2
appears that the petitioner is involved in cyber fraud/fraud.
5. Considering the aforesaid facts, this Court is not
inclined to grant bail to the petitioner.
6. Accordingly, this application is dismissed.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
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