Patna High Court
Sandip KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S. — s. 316(2), 318(4), 319(2), 336(3), 338, 61(2)
- Information Technology Act — s. 66(C), 66(D)
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
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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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