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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

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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