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Patna High Court

Tinku KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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