Patna High Court
Pusk @ Puspak KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed, denying bail to the petitioners.
Summary
The petitioners, Pusk Kumar and Rajeev Kumar, were arrested on 4 February 2026 for alleged cyber fraud involving fake SIM cards and the "Dhani Fast Loans" mobile application. They were charged under multiple sections of the Bharatiya Nyaya Sanhita and Sections 66C and 66D of the Information Technology Act, 2000. The petitioners applied for bail, arguing that they were in custody pending trial. The court examined the seriousness of the offences and the recovery of incriminating material, and concluded that bail could not be granted. Consequently, the bail application was dismissed, with the court noting that its observations were limited to this application and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a cyber fraud case under the Bharatiya Nyaya Sanhita and the Information Technology Act, considering the nature of the offences and the recovery of incriminating articles.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 318(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2), 61(2)
- Information Technology Act, 2000 — s. 66C, 66D
Subjects
- cyber fraud
- bail
- fake SIM cards
- Information Technology Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- digital fraud
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22288 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- Cyber P.S. District- Sheikhpura
======================================================
1. Pusk @ Puspak Kumar Son of Raj Kumar Prasad Resident of Village-
Chhabila Thika PS -Barbigha District -Sheikhpura
2. Rajeev Kumar @ Rajiv Kumar Son of Indradev Prasad Resident of Village-
Chhabila Thika PS -Barbigha District -Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar, Advocate
For the State : Mr.Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Sheikhpura Cyber P.S. Case No. 07 of 2026 registered for the
offence punishable under Sections 318(2), 318(4), 319(2),
336(2), 336(3), 338, 340(2) and 61(2) of the Bharatiya Nyaya
Sanhita and Sections 66C and 66D of the Information
Technology Act, 2000.
3. As per the prosecution case, the petitioners are
alleged to be involved in cyber fraud by using fake Sim cards
and mobile phones with an application named as “Dhani Fast
Loans”.
Patna High Court CR. MISC. No.22288 of 2026(2) dt.09-04-2026
2/2
4. The petitioners are in custody since 04.02.2026.
5. Considering the fact that the petitioners have been
found involved in committing cyber fraud and the recovery of
incriminating articles involved in committing cyber fraud, I am
not inclined to grant bail to the petitioners.
6. Accordingly, the application stands 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 petitioners 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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