Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner on condition of a bail bond and sureties.
Summary
Chandan Kumar petitioned for regular bail in a case registered under several sections of the B.N.S. and Sections 66C and 66D of the Information Technology Act. The prosecution alleged that Irfan Ansari used Kumar's bank account to receive and withdraw Rs. 2,00,000 as part of a cyber‑fraud scheme, paying the petitioner a 5% commission. Kumar contended that he was innocent, had no criminal antecedents, and that his account was merely misused by a third party; he could not identify the source of Rs. 2,52,904 found in his account. The State opposed bail, citing the seriousness of the offences. After hearing both sides, the Court decided to enlarge bail, directing Kumar to furnish a bail bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the Additional Chief Judicial Magistrate‑I, Aurangabad.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under multiple sections of the B.N.S. and the IT Act.
- Whether the alleged misuse of the petitioner’s bank account suffices to justify denial of bail.
Legislation cited
- B.N.S. — s. 112(2), 303(2), 318(4), 319(2), 336(3), 338, 3(5)
- Information Technology Act, 2000 — s. 66(C), 66(D)
Subjects
- regular bail
- cyber fraud
- Information Technology Act
- account misuse
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28320 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- Cyber P.S. District- Aurangabad
======================================================
Chandan Kumar, S/O Anil Paswan, R/O Vill.- Raipura, P.S.- Aurangabad
Muffasil, Dist.- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 303(2),
318(4), 319(2), 338, 336(3), 112(2) and 3(5) of the B.N.S. and
Sections 66 (C) and 66(D) of the I.T. Act.
3. The case of the prosecution, in short, is that one Irfan
Ansari was using the account of this petitioner for transferring the
amount of cyber fraud and for that, he was given commission of
5%. On 27.09.2025, Rs. 2,00,000/- was credited in his account and
just after credit, the same was withdrawn.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. Learned
counsel for the petitioner has submitted that layer- 1 complaint has
Patna High Court CR. MISC. No.28320 of 2026(2) dt.06-05-2026
2/2
been raised against the account of this petitioner. It has further
been submitted that the only allegation against the petitioner is that
his account was being used by some other person for depositing
the income of fraud. Petitioner is having no criminal antecedent
and he is languishing in judicial custody since 01.03.2026.
5. In the account of this petitioner, altogether 2,52,904/-
has been found. On being asked, the learned counsel for the
petitioner has not been able to disclose as to whom this amount
belongs and has also not made prayer for revoking the withholding
of the account.
6. Learned APP appearing for the State has vehemently
opposed the application for bail.
7. 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 Additional Chief
Judicial Magistrate-I, Aurangabad in connection with Auangabad
Cyber P.S. Case No. 12 of 2026.
(Ashok Kumar Pandey, J)
lata/-
U T
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