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Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was refused as the court was not convinced to enlarge the petitioner on bail.

Summary

Kundan Kumar, the petitioner, applied for bail while in custody since 8 March 2026 for alleged offences under Section 318(4) of the BNS, 2023 and Sections 66C and 66D of the Information Technology Act, 2000. The prosecution alleged that he operated a mule bank account used to facilitate cyber fraud, with Rs. 8,62,006 credited to his account and Rs. 8,24,472 withdrawn via ATMs. The petitioner claimed a clean antecedent and that the FIR was fabricated. The learned Additional Public Prosecutor opposed bail, emphasizing the financial transactions and the petitioner’s alleged role. Justice Rajesh Kumar Verma, after considering the material, declined to grant bail, finding sufficient grounds to believe the petitioner’s involvement in the cyber crime. Consequently, the petition for bail was refused.

Issues considered

  • Whether bail should be granted to the accused under Section 318(4) BNS, 2023 and Sections 66C/66D IT Act, 2000 in view of the alleged use of a mule account and the quantum of money involved.

Legislation cited

Subjects

  • bail
  • cyber crime
  • mule account
  • IT Act
  • Section 66C
  • Section 66D
  • Section 318
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27165 of 2026
                      Arising Out of PS. Case No.-14 Year-2026 Thana- Cyber P.S. District- Sheikhpura
                 ======================================================
                 Kundan Kumar S/o Bharat Prasad @ Bharat Yadav R/o Village - Fulchordh,
                 P.S - Mahuli, District - Sheikhpura
                                                                        ... ... 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. Raj Ballabh Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   21-04-2026                  Heard Mr. Bipin Kumar, learned counsel for the

                   petitioner and Mr. Raj Ballabh Singh, learned Additional Public

                   Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   08.03.2026 in connection with Cyber P.S. Case No. 14 of 2026,

                   F.I.R. dated 07.03.2026 for the offences punishable under

                   Section 318(4) of the BNS, 2023 and Sections 66C/66D of the

                   I.T. Act, 2000.

                                3. According to prosecution case, this petitioner is

                   using his bank account as Mule account for committing cyber

                   fraud.

                                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
            Patna High Court CR. MISC. No.27165 of 2026(2) dt.21-04-2026
                                                        2/2




                      any offence as alleged in the FIR. As per the allegation in the

                      FIR the amount in question has been withdrawn from teh ATMs

                      in the State of Jharkhand.

                                  5.    Learned       Additional       Public   Prosecutor   has

                      vehemently opposed the prayer for bail of the petitioner and

                      submits that in the bank account of the petitioner bearing

                      account no. 8101775125, altogether Rs. 8,62,006/- (Rs. Eight

                      lakh, sixty two thousand and six) has been credited in his bank

                      account between 06.08.2025 and 17.12.2025. It is evident that

                      the said bank account belong to the petitioner and he is account

                      holder of a Mule Account and out of Rs. 8,62,006/- , Rs.

                      8,24,472/- was withdrawn through ATMs from the bank account

                      of the petitioner.

                                   6. Considering the aforesaid facts and circumstances

                      that the petitioner was involved in the present cyber crime, I am

                      not inclined to enlarge the petitioner on bail in connection with

                      Cyber P.S. Case No. 14 of 2026 pending in the court of learned

                      Judicial Magistrate-1st Class, Sheikhpura.

                                   7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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