Patna High Court

Durganand MishraversusThe State of Bihar

Decided: 22 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The petitioner is entitled to bail on furnishing a bond of Rs.10,000 with two sureties.

Summary

Durganand Mishra was arrested in a cyber fraud case (Bhagalpur Cyber P.S. Case No. 04 of 2026) alleging a transfer of Rs.18.70 lakh and offences under Section 318(4) of the B.N.S., 2023 and Sections 66(c), 66(d), 111(2) of the IT Act. The petitioner claimed he was falsely implicated, asserting that the actual fraudster Avinash Kumar, who owed him money, used his name. He argued that no transaction occurred in his account and that the FIR was lodged against unknown miscreants. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the Court found merit in the petitioner's claim of false implication and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to bail despite allegations under Section 318(4) B.N.S., 2023 and Sections 66(c), 66(d), 111(2) of the IT Act.
Whether the petitioner’s prior criminal antecedent precludes the grant of bail.

Legislation cited

B.N.S., 2023 — s. 318(4)
Information Technology Act — s. 111(2), 66(c), 66(d)

Subjects

bail
cyber fraud
Information Technology Act
criminal antecedent
false implication
business dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26748 of 2026
                       Arising Out of PS. Case No.-4 Year-2026 Thana- Cyber P.S. District- Bhagalpur
                 ======================================================
                 Durganand Mishra S/o Parmanand Mishra Resident of Flat No. 202,
                 Lawaraha Residency, Indrapuri Road, Keshri Nagar, Patna. Having
                 Permanent Address of Village - Brahmpura, P.S. - Manigachi, Dist. -
                 Darbhanga.


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Alok, Advocate
                 For the Opposite Party/s :         Mr. Rajendra Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   22-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Bhagalpur Cyber P.S. Case No. 04 of 2026 registered for

                   the offence punishable under Section 318(4) of the B.N.S.,

                   2023 and Sections 66(c), 66(d) and 111(2) of the I.T. Act.

                                3. The case of the prosecution, in short, is that the

                   informant was cheated by fraudsters through digital arrest and

                   that they have got transferred Rs. 18,70,000/- (an odd amount)

                   from the account of the informant’s husband.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.26748 of 2026(2) dt.22-04-2026
                                            2/3




          committed no offence. He has been falsely implicated in this

          case. He also submits that the FIR was lodged against unknown

          miscreants. During the course of investigation, I.O. came to

          know that the bank account used in the fraudulent transaction

          in which the alleged money was received was found to be in

          the name of Avinash Kumar and Avinash Kumar has confessed

          the name of the petitioner. He further submits that no

          transaction was made in his account regarding the alleged

          cyber fraud. He further submits that Avinash and the petitioner

          are having business relations, and Avinash owes Rs.

          17,00,000/- to the petitioner; that is why he has framed the

          petitioner in this case. Petitioner is a businessman and he is

          languishing in judicial custody since 20.01.2026.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner has criminal

          antecedent of one case.

                       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 enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned Chief
           Patna High Court CR. MISC. No.26748 of 2026(2) dt.22-04-2026
                                                       3/3




                     Judicial Magistrate, Bhagalpur in connection with Bhagalpur

                     Cyber P.S. Case No. 04 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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