Patna High Court
Gauri ShankarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused as the allegations were serious and the investigation was ongoing.
Summary
The petitioner, Gauri Shankar, sought anticipatory bail after learning that a case (PS No.99 of 2022) had been registered against him for offences under Sections 419, 420, 467, 468 of the IPC and Sections 66(C), 66(D) of the IT Act. The prosecution’s case is based on a raid in which co‑accused Nitish Kumar was arrested and allegedly identified the petitioner as an associate. The petitioner contended that he has no incriminating material in his possession, maintains a clean antecedent, and is innocent of the alleged cyber‑crimes. The State opposed the bail, arguing that the petitioner is an active member of a cyber‑crime network and that the investigation is at an early stage. The Court, considering the seriousness of the alleged offences and the reliance on the co‑accused’s confession, refused the prayer for anticipatory bail. Consequently, the petition for anticipatory bail was dismissed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case involving alleged cheating and cyber‑crimes under the IPC and IT Act.
Legislation cited
- Indian Penal Code — s. 419, 420, 467, 468
- Information Technology Act — s. 66(C), 66(D)
Subjects
- anticipatory bail
- cyber crime
- cheating
- Indian Penal Code
- Information Technology Act
- confession of co‑accused
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2956 of 2026
Arising Out of PS. Case No.-99 Year-2022 Thana- GRIYAK District- Nalanda
======================================================
Gauri Shankar S/o Ganauri Prasad R/o village - Lohrajpur, P.S - Katrisarai,
District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Samir Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 22-06-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Giriyak P. S. Case
No. 99 of 2022 registered for the offences punishable under
Sections 419, 420, 467, 468 of the Indian Penal Code and
Sections 66(C), 66(D) of the Information Technology Act.
3. As per the prosecution case, on a secret information
regarding cheating of innocent people through cyber crime, a
raid was conducted whereby, co-accused Nitish Kumar was
arrested on the spot who disclosed the name of this petitioner as
one of his associates.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. No
incriminating material has been recovered from conscious
possession of the petitioner and he has been made accused in
Patna High Court CR. MISC. No.2956 of 2026(6) dt.22-06-2026
2/2
this case merely on the basis of confessional statement of co-
accused. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that petitioner is active
member of cyber crime and investigation is still pending in
initial stage.
6. Considering the nature and seriousness of
accusation, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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