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Patna High Court

Dablu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

The petitioner, Dablu Kumar, was arrested on 10 December 2025 in connection with a cyber‑crime case (Nalanda Cyber P.S. Case No. 107 of 2025) alleging misuse of an informant’s biometric data to withdraw Rs 20,400 from her bank account under Section 303(2) of the BNS, 2023. The prosecution alleged that the petitioner received Rs 5,500 from the informant’s account and was involved in the fraudulent withdrawals. The petitioner contended that he has a clean antecedent, was falsely implicated, and is willing to return the full amount withdrawn to the informant. The Additional Public Prosecutor opposed bail, but the court considered the petitioner’s clean record and restitution offer. The High Court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions including furnishing a demand draft of Rs 20,400 to the informant and compliance with trial attendance. The order directed that the bail bond not be delayed for verification of antecedent and provided for cancellation on non‑compliance.

Issues considered

  • Whether bail should be granted to the accused under Section 303(2) of the BNS, 2023 in view of the alleged biometric fraud and the amount withdrawn
  • Whether the petitioner’s clean antecedent and willingness to return the money justify bail

Legislation cited

Subjects

  • bail
  • cyber crime
  • biometric fraud
  • Section 303(2) BNS
  • clean antecedent
  • restitution
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26602 of 2026
                       Arising Out of PS. Case No.-107 Year-2025 Thana- Cyber P.S. District- Nalanda
                 ======================================================
                 Dablu Kumar S/o Dhanik Sharma R/o Village - Ward No. 03, Itmadi, Beldaur,
                 P.S - Beldaur, District - Khagaria

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Parmatma Singh, Advocate
                 For the Opposite Party/s :         Mr. Ajay Kumar No. 2, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   21-04-2026                      Heard Mr. Parmatma Singh, learned counsel for

                   the petitioner and Mr. Ajay Kumar No. 2, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   10.12.2025 in connection with Nalanda (Cyber) P.S. Case No.

                   107 of 2025, F.I.R. dated 06.10.2025 for the offences

                   punishable under Sections 303(2) of the BNS, 2023.

                               3.     According to prosecution case, the informant

                   suspects that some unknown person misused her biometric

                   and other documents to withdraw money from her bank

                   account. It is further alleged that total Rs. 20,400/- has been

                   withdrawn from her account.
Patna High Court CR. MISC. No.26602 of 2026(2) dt.21-04-2026
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                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The allegation as alleged in the

          FIR is false and fabricated and the petitioner has not

          committed any offence as alleged in the FIR. Petitioner is not

          named in the FIR and his name has been transpired during

          investigation. The petitioner has received Rs. 5,500/- (Rs.

          Five thousand and five hundred) into his bank account from

          the bank account of the informant. He further submits that

          altogether Rs. 20,400/- (Rs. Twenty thousand and four

          hundred) was withdrawn from the bank account of the

          informant. He further submits on instructions that the

          petitioner is ready to return the amount in question to the

          informant. The petitioner is in custody since 10.12.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent and he is ready to

          return Rs. 20,400/- (Rs. Twenty thousand and four hundred)

          to the informant, let the petitioner, above named, be released

          on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.26602 of 2026(2) dt.21-04-2026
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          satisfaction of the learned C.J.M, Nalanda, Bihar Sharif in

          connection with Nalanda (Cyber) P.S. Case No. 107 of 2025,

          subject to the following conditions:-

                       i. Petitioner shall produce a demand draft of Rs.

          20,400/- in favour of the informant, namely, Rekha Devi at

          the time of furnishing bail bond. Learned Court below is

          directed to hand over the said demand draft to the informant

          or her representative at the time of furnishing bail bond.

                       ii. Petitioner shall co-operate in the trial and shall

          be properly represented on each and every date fixed by the

          court and shall remain physically present as directed by the

          court and on his absence on two consecutive dates without

          sufficient reason, his bail bond shall be cancelled by the

          Court below.

                       iii. If the petitioner tampers with the evidence or

          the witnesses, in that case, the prosecution will be at liberty

          to move for cancellation of bail.

                       iv. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the
            Patna High Court CR. MISC. No.26602 of 2026(2) dt.21-04-2026
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                      acceptance of bail bonds in terms of the above-mentioned

                      order shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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