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Patna High Court

Banti KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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/-

U


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