Patna High Court
Anish @ Anish Kumar @ SandulversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied as the court was not inclined to grant relief in view of the gravity of the alleged cyber fraud offences.
Summary
The petitioner, Anish Kumar, sought anticipatory bail fearing arrest in a cyber fraud case (Bhojpur Cyber P.S. Case No. 52 of 2025) alleged under Sections 318(4) and 319 of the B.N.S. read with Section 66(D) of the Information Technology Act. He asserted innocence, clean antecedents and argued that he was not named in the FIR, his name only surfacing during investigation. The State opposed bail, emphasizing the seriousness of cyber fraud and urging that such offenders not be granted anticipatory relief. Justice Sandeep Kumar, after considering the gravity of the alleged offences, declined to grant anticipatory bail and dismissed the application. The petitioner was ordered to surrender before the lower court within two weeks and to apply for regular bail, with the court noting that its observations were prima facie and not determinative of the trial’s merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case of alleged cyber fraud under Sections 318(4), 319 of the B.N.S. and Section 66(D) of the IT Act.
- Whether the petitioner’s non‑inclusion in the FIR and claim of clean antecedents justify anticipatory bail.
Legislation cited
- B.N.S. — s. 318(4), 319
- Information Technology Act, 2000 — s. 66(D)
Subjects
- anticipatory bail
- cyber fraud
- Information Technology Act
- Section 66(D)
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33497 of 2026
Arising Out of PS. Case No.-52 Year-2025 Thana- Cyber P.S. District- Bhojpur
======================================================
Anish @ Anish Kumar @ Sandul S/o Umesh Singh R/o Vill. - Beldar Bigha,
P.S. - Belaganj, Dist. - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priya Ranjan, Adv.
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 19-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Bhojpur Cyber P.S. Case No. 52 of 2025 registered for
offences under Sections 318(4) and 319 of the B.N.S. read with
Section 66(D) of the I.T. Act.
3. As per the prosecution case, the petitioner is
alleged to have committed cyber fraud against the informant.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
The petitioner claims clean antecedent. The petitioner is not
named in the F.I.R., however, his name has come during
investigation.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.33497 of 2026(2) dt.19-06-2026
2/2
opposed the prayer for bail and submits that it is a case of cyber
fraud and the cyber criminals should not be granted anticipatory
bail.
6. Considering the gravity of offence, I am not
inclined to grant anticipatory bail to the petitioner.
7. Accordingly, this application is dismissed.
8. The petitioner is directed to surrender before the
court below within a period of two weeks from today and pray
for regular bail.
9. 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.
(Sandeep Kumar, J)
sadique/-
U T
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