Patna High Court

Deepak KumarversusThe State of Bihar

Decided: 24 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Deepak Kumar was arrested in a cyber‑fraud case (Katrisarai PS Case No. 14 of 2026) and charged under several sections of the Bihar Penal Code and Sections 66(c) and 66(d) of the Information Technology Act. He applied for regular bail, claiming innocence, that only two mobile phones recovered from him belonged to him and no fraud was traced to those devices, and that he has no prior criminal record. The prosecution argued that police had information of a cyber‑fraud ring and that the petitioner was apprehended as part of that operation. The court noted the lack of substantive evidence linking the petitioner to the alleged fraud, the fact that a co‑accused had already been granted bail, and the petitioner’s prolonged pre‑trial detention since 8 January 2026. Accordingly, the court ordered his release on regular bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious charges under the Bihar Penal Code and the IT Act.
Whether the evidence on record, including the recovery of two mobiles, justifies denial of bail.
Whether the petitioner’s confessional statement affects his right to bail.

Legislation cited

Information Technology Act — s. 66(c), 66(d)

Subjects

regular bail
cyber fraud
Information Technology Act
Bihar Penal Code
pre‑trial detention
confessional statement
mobile evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23642 of 2026
                     Arising Out of PS. Case No.-14 Year-2026 Thana- KATRISARAI District- Nalanda
                 ======================================================
                 Deepak Kumar Son of Surendra Prasad @ Suli Singh Resident of Village -
                 Barandi, P.S. - Katrisarai, District – Nalanda.        ... ... Petitioner/s
                                                        Versus
                 The State of Bihar                              .... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bipin Kumar, Advocate
                 For the Opposite Party/s :       Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER
2   24-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 316(2),

                   318(4), 319(2), 336(3), 338, 340(2), 3(5) and 61(2) of BNS and

                   Sections 66(c) and 66(d) of the I.T. Act.

                                3. The case of the prosecution is that police had

                   information that certain persons are indulged in committing cyber

                   fraud, on this input, certain persons were apprehended who were

                   sitting near khanda. Petitioner is one amongst them.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that from perusal of the

                   FIR, it is clear that only two mobiles have been recovered from the

                   possession of this petitioner and the same belongs to him. It has

                   further been submitted that there is no allegation against the
          Patna High Court CR. MISC. No.23642 of 2026(2) dt.24-04-2026
                                                      2/2




                    petitioner that from that mobile any cyber fraud has been

                    committed or that he has cheated anybody. A statement has been

                    made in para-3 of this petition that the petitioner has got no

                    criminal antecedent. During course of investigation, he has given

                    his confessional statement. Save and except confessional

                    statement, there is nothing against him. He further submits that

                    similarly situated co-accused namely, Omkari Kumar has been

                    granted bail by this court vide Cr. Misc. No. 17834 of 2026.

                    Moreover, the petitioner is languishing in judicial custody since

                    08.01.2026.

                                 5. Learned APP appearing for the State has vehemently

                    opposed the prayer of regular bail.

                                 6. Having heard learned counsel for the parties and

                    considering the facts and circumstances of the case, this court is

                    inclined to enlarge the petitioner on bail. The above named

                    petitioner is directed to be released on bail in connection with

                    Katrisarai P.S. Case No. 14 of 2026 on furnishing bail bond of

                    Rs.10,000/- (ten thousand) with two sureties of the like amount

                    each to the satisfaction of learned Chief Judicial Magistrate,

                    Nalanda at Biharsharif.


                                                   (Ashok Kumar Pandey, J)
Sudhanshu/-
U      T

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