Patna High Court
Vikash ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSUL
Holding
The court held that the petitioner’s inclusion in the FIR and prior complaints preclude the grant of bail.
Summary
The petitioner, Vikash Chaudhary, applied for bail in a cyber‑crime case registered under multiple sections of the Bihar Narcotic Substances Act and the Information Technology Act, 2000. He contended that he was innocent, that no incriminating material was found in his possession, and that he had no prior criminal record, having been in custody since 29 January 2026. The State opposed the bail, emphasizing that the petitioner was named in the FIR and that prior complaints existed against him. The court examined whether these factors justified denial of bail. It concluded that the presence of the petitioner’s name in the FIR and the existence of earlier complaints outweighed the petitioner’s claims of innocence. Consequently, the bail application was rejected, with the court noting that its observations were prima facie and not determinative of the trial’s merits.
Issues considered
- Whether bail should be granted to the petitioner despite his inclusion in the FIR and prior complaints.
- Whether the absence of incriminating material in the petitioner’s possession warrants bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 318(2), 318(4), 319(2), 336(2), 336(3), 340(2), 3(5), 61(2)
- Information Technology Act, 2000 — s. 66(c), 66(d)
Subjects
- bail
- cyber crime
- Information Technology Act
- Bihar Narcotic Substances Act
- criminal procedure
- prior complaints
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32803 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- Cyber P.S. District- Sheikhpura
======================================================
Vikash Chaudhary S/o Suresh Chaudhary R/o Village - Kabirpur, P.S. -
Shekhopur Sarai, Dist. - Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prem Prakash Poddar, Adv.
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sheikhpura Cyber PS Case No. 5 of 2026 instituted for the
offences under Section 318(2), 318(4), 319(2), 336(2), 336(3),
340(2), 61(2), 3 (5) of the BNS and under Sections 66(c) and
66(d) of the Information Technology Act, 2000.
3. The allegation is of cyber crime. Large number of
materials were recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner is in
custody since 29.01.2026 and has got no criminal antecedents.
Patna High Court CR. MISC. No.32803 of 2026(3) dt.24-06-2026
2/2
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering that the petitioner has been named in the
FIR and there were prior complaints against him, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, the prayer for bail is rejected. It is made
clear that any observation made herein is prima facie in nature
and limited solely for the purpose of adjudication of the present
bail application. Such observations shall not be construed as an
expression on the merits of the case and shall not influence the
trial or any other proceedings in any manner.
(Ansul, J)
Siddharth Soni/-
U T
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