Patna High Court
Vishal Kumar DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions.
Summary
Vishal Kumar Das was arrested in connection with a cyber‑fraud case (Motihari Cyber P.S. Case No. 157 of 2025) alleging offences under several sections of the Bihar Negotiable Instruments Act and the Information Technology Act. The petitioner contended that he was falsely implicated, that no incriminating material was recovered from him, and that the search and seizure violated Section 103 of the Bihar Negotiable Instruments Act. He also highlighted his clean antecedent, his status as a student, and the fact that his father is a Sarpanch, arguing that the allegations were vague. The prosecution opposed the bail application. Considering the lack of substantive evidence, the petitioner’s clean record, the submission of the charge sheet, and the duration of his custody, the court granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions under Section 480(3) of the Bihar Negotiable Instruments Act.
Issues considered
- Whether bail should be granted to the petitioner despite the serious cyber‑fraud allegations.
- Whether the search and seizure conducted violated Section 103 of the Bihar Negotiable Instruments Act.
- Whether the petitioner is likely to abscond or tamper with evidence.
Legislation cited
- Bihar Negotiable Instruments Act — s. 103, 316, 318, 319, 336, 338, 340, 480, 61
- Information Technology Act, 2000 — s. 66(C), 66(D)
Subjects
- bail
- cyber fraud
- Information Technology Act
- search and seizure
- Section 103
- clean antecedent
- conspiracy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3325 of 2026
Arising Out of PS. Case No.-157 Year-2025 Thana- Cyber P.S. District- East Champaran
======================================================
Vishal Kumar Das Son of Mohan Das Resident of Village- Lala Chhapra
Tajpur Patkhauliya , P.S.- Kesariya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Motihari Cyber P.S. Case No. 157 of 2025
registered for the alleged offences under Sections 319(2),
318(4), 338, 336(3), 340, 316(2), 61(2) of BNS and Sections
66(C), 66(D) of I.T. Act.
03. As per prosecution case, the petitioner and other
co-accused under a conspiracy got opened a number of accounts
of persons in which they used to receive the crime proceeds of
cyber fraud. They also obtained mobile Sim cards on the basis
of documents of such persons and in this manner, they
defrauded a number of persons and withdrew money from their
Patna High Court CR. MISC. No.3325 of 2026(2) dt.28-01-2026
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accounts and such persons were also made accused due to
deposit of proceeds of cyber crime.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The specific allegation is against co-accused Aman Kumar.
The petitioner has been falsely implicated due to the fact that his
father is a Sarpanch. Nothing incriminating has been recovered
from the person or possession of the petitioner. The recovery of
passbooks were made from a lodge where the students are
residing. The petitioner is also a student. Learned counsel
further submits that, in fact, there is no material against the
petitioner to show his involvement. The search and seizure have
been made in utter violation of the provisions of Section 103 of
BNSS. The petitioner is having clean antecedent and he is in
custody since 27.09.2025. The charge sheet has been submitted.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
vague nature of allegation and also considering the period of
custody of the petitioner, his clean antecedent and submission of
charge sheet, the petitioner above named is directed to be
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released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-IV,
Motihari, East Champaran/concerned Court in connection with
Motihari Cyber P.S. Case No. 157 of 2025, subject to the
conditions mentioned in Section 480(3) of B.N.S.S. and also the
following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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