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Patna High Court

Anil Kumar MandalversusThe State of Bihar

Decided
Disposal
BAIL REJECTED
Bench
ANSUL

Holding

The court held that the alleged use of the accused’s account in a cyber‑fraud, coupled with the seriousness of offences under Section 318(4) BNS and Sections 66(c) and 66(d) IT Act, precludes the grant of bail.

Summary

The petitioner, Anil Kumar Mandal, applied for bail in a cyber‑crime case (Bhagalpur Cyber PS Case No. 101 of 2025) involving alleged offences under Section 318(4) of the Bihar Narcotic Substances Act and Sections 66(c) and 66(d) of the Information Technology Act. He claimed innocence, stating that no incriminating material was found in his possession and that he has no prior criminal record, having been in custody since 31‑12‑2025. The State opposed the bail, emphasizing that the petitioner’s account was used to perpetrate cyber fraud. The Court considered the seriousness of the alleged offences and the fact that the account was instrumental in the fraud. Consequently, the Court declined to grant bail, noting that its observations were prima facie and limited to the bail application. The decision does not prejudice the merits of the trial, which will proceed independently.

Issues considered

  • Whether bail should be granted to the accused under Section 318(4) of the Bihar Narcotic Substances Act and Sections 66(c) and 66(d) of the IT Act despite the alleged use of his account in cyber fraud.
  • Whether the absence of incriminating material in the accused’s possession and his clean antecedent record warrant bail.

Legislation cited

Subjects

  • bail
  • cyber crime
  • cyber fraud
  • Information Technology Act
  • Bihar Narcotic Substances Act
  • Section 66
  • Section 318
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32874 of 2026
                      Arising Out of PS. Case No.-101 Year-2025 Thana- Cyber P.S. District- Bhagalpur
                 ======================================================
                 Anil Kumar Mandal S/O Thakur Dayal Mandal Resident of Village- Ward no.
                 4 Chak Suleman Maheshpur, P.S.- Sanhoula, District- Bhagalpur.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Sudhir Kumar Mishra, Adv.
                 For the Opposite Party/s :         Mr. Dr.Mrityunjaya Kr.Gautam, 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 Bhagalpur

                   Cyber PS Case No. 101 of 2025 instituted for the offences under

                   Section 318(4) of the BNS and under Section 66 (c) and 66(d)

                   of the I.T. Act.

                           3. The case is of cyber crime, the account of the petitioner

                   has been used in connection with cyber fraud.

                           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 31.12.2025 and has got no criminal antecedents.

                           5. Learned A.P.P. for the State has vehemently opposed
           Patna High Court CR. MISC. No.32874 of 2026(3) dt.24-06-2026
                                                       2/2




                     the prayer for grant of bail to the petitioner.

                             6. Considering that the account of the petitioner has been

                     used in cyber fraud, 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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