Patna High Court
Vikash Patel @ Vikash Kumar @ Guggu @ GujjuversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was denied because the seriousness of the alleged cyber‑fraud offences and the need for custodial interrogation outweighed the petitioner's claim of innocence.
Summary
Vikash Patel applied for anticipatory bail in a cyber‑fraud case (Case No. 58 of 2023) where he was implicated based on statements of co‑accused arrested from a rented house in Nawada. The prosecution alleges that Patel was part of an organized gang committing offences under IPC sections 379, 419, 420, 467, 468, 471, 120(B) and IT Act sections 66, 66(b), 66(d). Patel's counsel argued that no incriminating material was recovered from his premises, he has no criminal record, and the case rests solely on suspicion. The Additional Public Prosecutor contended that the allegations are serious and that custodial interrogation may be required. The Court, after considering the gravity of the offences and the ongoing investigation, declined to grant anticipatory bail, holding that the seriousness outweighs the petitioner's claim of innocence, and dismissed the application.
Issues considered
- The appropriateness of granting anticipatory bail when the accused is implicated in serious cyber‑fraud offences.
- Whether mere disclosure of the accused's name by co‑accused persons suffices to justify denial of anticipatory bail.
- Whether the absence of seized material from the accused's premises precludes denial of bail.
Legislation cited
- Indian Penal Code — s. 120(B), 379, 419, 420, 467, 468, 471
- Information Technology Act, 2000 — s. 66, 66(b), 66(d)
Subjects
- anticipatory bail
- cyber fraud
- organized crime
- IPC
- IT Act
- bail jurisprudence
- investigation
- suspicion
- custodial interrogation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25429 of 2026
Arising Out of PS. Case No.-58 Year-2023 Thana- Cyber P.S. District- Nawada
======================================================
Vikash Patel @ Vikash Kumar @ Guggu @ Gujju Son of Umesh Prasad
Resident of Village- Jhour, P.S.- Warisaliganj, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar
For the Opposite Party/s : Mr.Nand Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 11-05-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with
Cyber Police Station Case No. 58 of 2023, registered for
the offences, under Sections 379/419/420/467/468/471/
120(B) of the Indian Penal Code and Sections
66/66(b)/66(d)/66(d) of the Information Technology Act,
2000.
3. The prosecution case, as per the First Information Report,
is that on 03.11.2023, the police got secret information
that one Bhushan Kumar had engaged certain persons
from Telangana/Andhra Pradesh for carrying out
organized cyber fraud activities, who were residing in a
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rented house situated at Patel Colony, Warsaliganj Bazaar,
and were cheating innocent persons in the name of
providing loans through Dhani Finance, India Bulls Loan,
allotment of gas agencies and purchase of Simple One
electric scooters. The Police thereafter reached the place
of occurrence and apprehended four persons. During
interrogation, they disclosed that they had come in
contact with co-accused Bhushan Kumar through online
marketing and were induced to work in cheating by
falsely promising loans. They further disclosed the names
of several other persons involved in the said activities,
including the present petitioner. During search, several
mobile phones, Aadhaar cards, ATM/Debit cards, election
cards, flight tickets, Email IDs, customer data sheets and
other incriminating articles were recovered from different
locations, including the house of Bhushan Kumar and a
boring room situated in village Jhaur. It has been alleged
that Bhushan Kumar was the kingpin of the gang and
other accused persons, including the petitioner, are
involved in organized criminal activities.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
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the present case on the basis of disclosure of his name by
the arrested co-accused persons. The allegation levelled
against the petitioner is general and omnibus in nature
and he is not having any criminal antecedent. It is next
submitted that nothing has been recovered from the
premises of the petitioner. Moreover, no complaint has
come to light during investigation to substantiate the
allegations, rendering the prosecution case based merely
on suspicion.
5. On the other hand, learned Additional Public Prosecutor
vehemently opposes the prayer for anticipatory bail and
submits that the allegation against the petitioner is serious
in nature and disclose his involvement in an organized
cyber fraud racket.
6. I have heard learned Counsel for the parties and perused
the materials available on records.
7. The Police, on secret information, arrested four persons
with incriminating articles which appears to be used in
cyber crime. The apprehended accused persons have
disclosed that on the direction of the co-accused persons,
they operate as an organized gang for committing cyber
crime and defrauding innocent villagers on the false
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pretext of providing loans and other financial benefits.
The Police recovered Smart Phones, ATM cards,
Passbooks, fight tickets, Email Ids and data entry dairy
from the arrested accused persons. It appears that all
accused persons have formed an organized gang to
defraud the innocent public and the phishing/cyber fraud
is rampant in the area, where the attackers try to trick
individuals into providing user names, password and
other details and are indulged in e-mail phishing, voice
phishing, SMS phishing etc. Apart from this, such gangs
are also actively involved in various cyber frauds,
including "digital arrest" scams, fraudulent loans obtained
using Aadhaar cards, ATM tampering, unauthorized
withdrawals, and similar illicit activities. The cyber fraud
is committed by a group of persons and every person
plays a different role, for the benefits of the entire gang
and the kingpin of the cyber crime etc.
8. Considering the nature of allegation, gravity of offence
and the fact that the case is still under investigation, for
which, custodial interrogation of the petitioner may be
required, I am not inclined to grant anticipatory bail to the
petitioner.
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9. This application is, accordingly, dismissed.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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