Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied to the petitioner.
Summary
Jitendra Kumar was arrested in connection with a cyber fraud involving the theft of approximately Rs. 1.45 crore from a bank account. The prosecution alleged that he seized the passbook, cheque book, ATM card, SIM cards and other items, and he later confessed to the crime and identified other gang members. He applied for bail under Sections 318(4), 338, 336(3), 316(2), 61(2) of the Bharatiya Nyaya Sanhita and Sections 66(C) and 66(D) of the IT Act. The Court considered his confession, the seriousness of the offence, and his role in a cyber‑fraud gang. Finding a high risk of further offences and interference with the investigation, the Court refused bail. The bail application was dismissed without prejudice to the merits of the trial.
Issues considered
- Whether bail should be granted to a confessed cyber‑fraud offender under the Bharatiya Nyaya Sanhita and the IT Act
- Whether the nature of the offence and the applicant's role in a fraud gang justify denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 316(2), 318(4), 336(3), 338, 61(2)
- Information Technology Act — s. 66(C), 66(D)
Subjects
- bail
- cyber fraud
- IT Act
- Bharatiya Nyaya Sanhita
- confession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22093 of 2026
Arising Out of PS. Case No.-192 Year-2025 Thana- Cyber P.S. District- East Champaran
======================================================
Jitendra Kumar Son of Bhairav Sah Resident of Village- Kashi Pakari, P.S.-
Rajepur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the State : Mr.Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Motihari Cyber P.S. Case No. 192 of 2025 registered for the
offence punishable under Sections 318(4), 338, 336(3), 316(2)
and 61(2) of the Bharatiya Nyaya Sanhita and Sections 66(C)
and 66(D) of the I.T. Act.
3. As per the prosecution case, the official informant
had received several complaints regarding a Bank account
maintained in Bandhan Bank standing in the name of one Bharat
Prasad from whose account about 1.45 crore rupees were
transacted within a span of three days. When the aforesaid
Bharat Prasad was questioned by the official informant, he
revealed that the petitioner had taken the pass-book, cheque
Patna High Court CR. MISC. No.22093 of 2026(2) dt.08-04-2026
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book, ATM and sim card linked with the bank account,
subsequently, from the possession of the petitioner three mobile
phones, one motorcycle, six sim cards, two sim covers and a
cheque book was recovered.
4. The petitioner has confessed his guilt to have been
involved in cyber fraud. The petitioner has also revealed the
name of other gang members.
5. The petitioner is in custody since 19.12.2025.
6. Considering the fact that the petitioner was
involved in a cyber fraud and is a member of a cyber fraud
gang, I am not inclined to grant bail to the petitioner.
7. Accordingly, the application stands dismissed.
8. 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 express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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