Patna High Court
Binod Kumar @ Vinod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Binod Kumar, was arrested in connection with a gambling case (Madhubani Cyber P.S. Case No. 37 of 2025) alleging offences under Sections 318(4), 319(2), 297, 111(2)(b), 111(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(c) and 66(d) of the Information Technology Act. The prosecution alleged his involvement in gambling, but the petitioner contended that he was falsely implicated, that no incriminating article was recovered from his possession, and that he has no prior criminal record. He also highlighted that a co‑accused had already been granted bail by a coordinate bench. The State opposed the bail application. Considering the lack of material evidence, the petitioner’s custody period, and the principle of parity with the co‑accused, the Court granted bail subject to a cash bond of Rs. 15,000 and two sureties, with conditions regarding family surety and appearance in court.
Issues considered
- Whether the petitioner is entitled to bail despite the allegations of gambling under the BNYS and IT Act.
- Whether the requirements of Section 105 of the Bharatiya Nyaya Sanhita have been complied with.
- Whether parity with a co‑accused who was previously granted bail warrants granting bail to the petitioner.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111(2)(b), 111(4), 297, 318(4), 319(2), 3(5)
- Information Technology Act — s. 66(c), 66(d)
Subjects
- bail
- gambling
- cyber offence
- Bharatiya Nyaya Sanhita
- Information Technology Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.306 of 2026
Arising Out of PS. Case No.-37 Year-2025 Thana- Cyber P.S. District- Madhubani
======================================================
Binod Kumar @ Vinod Kumar S/O Jagdeo Mahto @ Jagdish Mahto Resident
of Village- Pure Ramchandra, P.S. Lakhnaur, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Kumar, Advocate
For the Opposite Party/s : Ms.Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Madhubani Cyber P.S. Case No. 37 of 2025 instituted for the
offences under Sections 318(4), 319(2), 297, 111(2)(b), 111(4),
3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(c),
66(D) of the I.T. Act.
3. Prosecution case, in short, is that the accused
persons including the petitioner were found involved in
gambling.
4. Learned counsel for the petitioner submitted that
the petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submitted that general and
omnibus allegation has been made against the petitioner. No
Patna High Court CR. MISC. No.306 of 2026(3) dt.09-04-2026
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incriminating article has been recovered from the conscious
possession of the petitioner. It has been submitted on behalf of
the petitioner that the petitioner is in custody since 31.10.2025
and has no criminal antecedent. There is no compliance of
Section 105 of the BNSS. The co-accused person has already
been granted bail by a coordinate Bench of this Court vide order
dated 17.02.2026 passed in Cr. Misc. No. 9692 of 2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, claim based on parity as also the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Madhubani Cyber
P.S. Case No. 37 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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