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Patna High Court

Sandip KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Sandip Kumar, was arrested in connection with a cyber‑fraud case where a mobile number linked to him was alleged to have been used to create a fake Instagram ID and cheat a person of Rs.1,75,000. The prosecution charged him under several sections of the B.N.S. and Sections 66(C) and 66(D) of the Information Technology Act. The petitioner’s counsel argued that he had no possession of any incriminating documents, was a victim of a co‑accused who opened a bank account in his name, and that no concrete material linked him to the cheating. Several co‑accused had already been granted bail, and the petitioner had been in judicial custody since 17‑08‑2025. The court, after considering the circumstances, decided to enlarge bail and ordered his release on a bail bond of Rs.10,000 with two sureties, directing compliance with the Additional Chief Judicial Magistrate‑IV, East Champaran.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under sections of the B.N.S. and the Information Technology Act.

Legislation cited

Subjects

  • regular bail
  • cyber fraud
  • Information Technology Act
  • false identity
  • cheating
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29651 of 2026
                   Arising Out of PS. Case No.-132 Year-2025 Thana- Cyber P.S. District- East Champaran
                 ======================================================
                 Sandip Kumar S/O Ravindra Das R/O Village- Ram Karan Pakri, PS- Chakia,
                 East Champaran, Motihari, Bihar

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vikash Kumar Pankaj, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-06-2026                    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 319(2),

                   318(4), 338, 336(3), 316(2) & 61(2) of the B.N.S. and under

                   Sections 66(C) & 66(D) of the Information Technology (in short

                   ‘I.T.’)Act.

                                 3. The case of the prosecution, in short, is that on

                   Pratibimb Portal a mobile no. 7493948608 was found and it was

                   detected that there were two complaints on this number. One

                   Jamal Khan of Hardoi, Uttar Pradesh has complained that

                   someone has made fake ID of his friend on Instagram and

                   cheated him of Rs.1,75,000/-. This mobile number was related

                   to the petitioner.
Patna High Court CR. MISC. No.29651 of 2026(2) dt.23-06-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. He has

          falsely been implicated in this case. Learned counsel has

          submitted that nothing has been recovered from the conscious

          possession of this petitioner. No any document related to the

          alleged bank account in the name of this petitioner has been

          recovered from him. He has further submitted that the petitioner

          is also a victim of co-accused Ashik Jamal as he had frivolously

          opened the bank account in the name of this petitioner and

          operated the same. Learned counsel has further submitted that

          there is no concrete material to show that the petitioner has

          cheated anybody and it is not clear from the FIR as to what

          amount, co-accused Ashiq Jamal has sent in the bank account of

          this petitioner. Petitioner has no concern with this alleged

          occurrence. Several co-accused persons have been granted bail

          by this Court vide Cr. Misc. Nos. 10380 of 2026 and 88373 of

          2025. Moreover, the petitioner is languishing in judicial custody

          since 17.08.2025.

                       5. Learned Additional Prosecutor for the State has

          vehemently opposed the prayer.

                       6. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on
            Patna High Court CR. MISC. No.29651 of 2026(2) dt.23-06-2026
                                                        3/3




                      bail. The above named petitioner is directed to be released on

                      bail in connection with Motihari Cyber P.S. Case No. 132 of

                      2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with

                      two sureties of the like amount each to the satisfaction of

                      learned      Additional       Chief      Judicial    Magistrate-IV,   East

                      Champaran at Motihari.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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