Patna High Court
Nikhil KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court dismissed the bail application, holding that there were no grounds to grant regular bail to the petitioner.
Summary
The petitioner, Nikhil Kumar, was arrested in connection with a cyber fraud case (Vaishali Cyber P.S. Case No. 10 of 2025) and charged under multiple sections of the B.N.S. and Sections 66(C) and 66(D) of the Information Technology Act. He applied for regular bail, having been in custody since 14 April 2025, after an earlier bail application was rejected. The prosecution alleged that the petitioner and co‑accused created mule accounts to siphon fraud‑derived money, and seized electronic devices during the investigation. The court examined the seriousness of the alleged cyber fraud and the fact that charges had been framed. Finding no sufficient ground to grant bail, the court dismissed the petitioner's bail application, upholding its earlier order.
Issues considered
- Whether regular bail should be granted to the petitioner accused of cyber fraud under the specified sections of the B.N.S. and the IT Act.
Legislation cited
- B.N.S. — s. 316(2), 318(4), 319(2), 336(2), 338, 340(2), 3(5), 61(2)
- Information Technology Act — s. 66(C), 66(D)
Subjects
- regular bail
- cyber fraud
- Information Technology Act
- serious offence
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2876 of 2026
Arising Out of PS. Case No.-10 Year-2025 Thana- Cyber P.S. District- Vaishali
======================================================
Nikhil Kumar S/o Sh. Umakant Sahni Resident of village - Pahetiya, P.S.-
Sadar Kajipur, Distt.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Archana Jha, Advocate
For the Opposite Party/s : Mr.Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for
grant of regular bail in connection Vaishali Cyber P.S. Case No.
10 of 2025 registered for the offence under Sections 316(2),
318(4), 319(2), 336(2), 338, 340(2), 3(5), 61(2) of the B.N.S.
and Sections 66(C ) & 66 (D) of the I.T. Act. Earlier the bail
application of the petitioner was rejected vide order dated
18.06.2025 passed in Cr. Misc. No. 37066 of 2025 which reads
as under:-
Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection
with Vaishali Cyber P.S. Case No. 10 of 2025 registered
for the offence under Sections 316(2), 318(4), 319(2),
336(2), 338, 340(2), 3(5) and 61(2) of the BNS and
under Section 66(c), 66(d) of the I.T. Act.
Patna High Court CR. MISC. No.2876 of 2026(2) dt.12-02-2026
2/2
3. As per the prosecution case, the petitioner and
other cyber frauds were caught along with mobile
phone, laptop etc.
4. It has come during investigation that the
petitioner and other co-accused were cheating the
people after opening mule accounts and getting the
frauded money transferred in those accounts.
5. The petitioner is in custody since 14.04.2025.
6. Considering the serious allegation of cyber
fraud, this Court is not inclined to grant bail to the
petitioner.
7. Accordingly, this application is dismissed.
3. It has been submitted by the learned counsel for the
petitioner that the charges have been framed.
4. Considering the aforesaid facts, this Court finds no
ground to review its earlier order.
5. Accordingly, this application is dismissed again.
(Sandeep Kumar, J)
tusharika/-
U T
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