Patna High Court
Tinku KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with a bond of Rs.10,000 and specified conditions.
Summary
The petitioner, Tinku Kumar, was arrested on 22 January 2026 in connection with a FIR dated 21 January 2026 alleging offences under several sections of the BNS Act and Sections 66C and 66D of the Information Technology Act, relating to an alleged cyber‑fraud. The prosecution’s case is that the petitioner and co‑accused were found with mobile devices at the scene and were arrested after a chase. The petitioner contended that he has a clean antecedent, the allegations are fabricated, and he has been implicated merely on suspicion, noting that the other co‑accused had already been granted bail. The State opposed the bail application. The Court, after considering the petitioner’s clean record and the lack of substantive evidence beyond suspicion, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order also stipulated that failure to comply with the conditions would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the BNS Act and the IT Act.
- Whether the petitioner’s clean antecedent and the lack of substantive evidence beyond suspicion justify bail.
Legislation cited
- BNS Act — s. 316(2), 318(4), 319(2), 336(3), 338, 340(2), 3(5), 61(2)
- Information Technology Act, 2000 — s. 66(C), 66(D)
Subjects
- bail
- cyber fraud
- Information Technology Act
- criminal procedure
- suspicion
- antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32157 of 2026
Arising Out of PS. Case No.-43 Year-2026 Thana- GRIYAK District- Nalanda
======================================================
Tinku Kumar S/o Bhagawan Prasad R/o Village- Jawaharchak, P.S-
Katrisarai, Dist- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudish Kumar, Advocate
For the Opposite Party/s : Mr.Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-05-2026 Heard Mr.Sudish Kumar, learned counsel for the
petitioner and Mr.Abhay Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
22.01.2026 in connection with Giriyak P.S. Case No. 43 of
2026, F.I.R. dated 21.01.2026 registered for the offence
punishable under Sections 316(2), 318(4), 319(2), 336(3), 338,
340(2), 61(2), 3(5) of BNS and 66(C), 66(D) I.T. Act.
3. As per the prosecution case, the informant,
alongwith police party, reached at the place of occurrence,
wherein the informant found some persons seated there and,
whereas probably engaged in cyber fraud, the persons sitting
there started fleeing away, while the petitioner alongwith co-
accused persons were arrested at the spot. They were searched
and from the possession of the petitioner one screen touch
Patna High Court CR. MISC. No.32157 of 2026(2) dt.12-05-2026
2/3
mobile was recovered and from other co-accused persons
different mobiles and other articles was recovered.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR and
petitioner has been made accused in the present case merely on
the basis of suspicion and except the suspicion, nothing has
come during investigation against the petitioner to suggest the
involvement of the petitioner in the present occurrence and co-
accused persons, namely, Kundan Kumar, Vikash Kumar and
Ranvir Kumar have been granted bail by a Coordinate Bench of
this Hon’ble Court vide order dated 04.05.2026 passed in Cr.
Misc. No.18441 of 2026, and the police, after investigation,
submitted chargesheet against the petitioner and the petitioner is
in custody since 22.01.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean
antecedent, let the petitioner, above named, be released on bail
on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.32157 of 2026(2) dt.12-05-2026
3/3
C.J.M, Nalanda at Biharsharif in connection with Giriyak P.S.
Case No. 43 of 2026,with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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