Patna High Court
Vikash Kumar @ ChhotuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner, finding no specific allegation or evidence directly linking him to the cyber fraud.
Summary
Vikash Kumar, proprietor of Niku Mobile Shop, was arrested on charges of supplying SIM cards used in a cyber fraud, under multiple provisions of the B.N.S, the Telecommunication Act, 2023 and the Information Technology Act. The petitioner contended that he merely sold SIMs in the ordinary course of business, had no knowledge of their misuse, and no incriminating material was recovered from his shop. The charge‑sheet had already been filed and the petitioner had been in custody since February 2026 with no prior criminal record. The State opposed bail, but the court noted the absence of specific allegations against the petitioner beyond a co‑accused’s confession. Considering the lack of direct evidence and the petitioner’s clean antecedents, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner can be held liable for cyber offences merely for supplying SIM cards without knowledge of their misuse
- Whether bail should be granted in view of the multiple serious charges and the nature of the alleged offences
Legislation cited
- B.N.S. — s. 111, 318(4), 319(2), 336(3), 337, 338, 339, 340(2), 341(1), 3(5), 61(2)
- Information Technology Act — s. 66, 66(c), 66(D), 72
- Telecommunication Act, 2023 — s. 42(1), 42(2), 42(3)(e), 42(3)(f), 42(6), 43, 43(3)(c)
Subjects
- bail
- cyber crime
- SIM supply
- Telecommunication Act
- IT Act
- criminal procedure
- presumption of guilt
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28125 of 2026
Arising Out of PS. Case No.-8 Year-2026 Thana- Cyber P.S. District- Madhubani
======================================================
Vikash Kumar @ Chhotu son of Rajkumar Thakur Resident of Laheriaganj
PS -Madhubani town District -Madhubani
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravindra Kumar Singh
For the Opposite Party/s : Mr.Anish Chandra
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 10-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 318(4), 319(2), 336(3), 337,
338, 339, 340(2), 341(1), 111, 61(2) and 3(5) of the (B.N.S) and
under sections 42(1), 42(2), 43(3)(c), 42(3)(e), 42(3)(f), 42(6) and
43 of the Telecommunication Act, 2023 and under section 66(c),
66, 66 (D) and 72 of the I.T. Act.
3. Allegation against the petitioner is of committing
cyber crime by supplying the SIM to co-accused persons.
4. Learned counsel for the petitioner submits that the
petitioner runs a mobile shop and he has been made an accused in
the present case of cyber fraud only on the disclosure made by the
main accused Mandeep Kumar from whose house recovery of
incriminating articles was made. It is further submitted that as a
matter of fact, no incriminating article relating to cyber fraud has
been recovered from the mobile shop of this petitioner and he was
Patna High Court CR. MISC. No.28125 of 2026(3) dt.10-06-2026
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also not a gang member of any cyber fraud gang. The petitioner is
rather a proprietor of Niku Mobile Shop who used to sell SIMs,
mobile etc. with proper documentation. He had no knowledge
whatsoever that the SIM card etc. sold from his shop was being
used for commission of any fraud. The petitioner is in custody
since 06.02.2026 with no criminal antecedent and charge-sheet has
already been submitted.
5. Learned APP for the State has opposed the
application for bail.
6. Taking into consideration the facts and circumstances
of the case and also considering the fact that no specific allegation
has been made against this petitioner whose name has transpired
on the confessional statement of co-accused Mandeep Kumar and
charge-sheet has already been submitted, let the above named
petitioner be enlarged on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below where
the case is pending/successor Court in connection with Madhubani
Cyber P.S. case no. 08 of 2026.
(Soni Shrivastava, J)
devendra/-
U T
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