Patna High Court
Narendra Kumar @ LalluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner subject to a bond and conditions.
Summary
The petitioner, a B.Sc. student, was arrested in a cyber‑fraud case alleging impersonation of Blue Dart employees to obtain unauthorized bank withdrawals, charged under Sections 319(2) and 318(4) of the B.N.S. and Sections 66C and 66D of the Information Technology (Amendment) Act, 2008. The petitioner argued that no private complaint had been filed, no money trail was found, the seized motorcycle belonged to his brother, and he had no prior criminal record, contending that the charge‑sheet lacked substantive material beyond confessional statements. The State opposed bail, emphasizing the petitioner’s involvement in a cyber crime. The Court examined the lack of antecedent evidence and the fact that the charge‑sheet had already been filed, and consequently ordered bail on a Rs.10,000 bond with two sureties and specific conditions of appearance. The bail order was conditioned on a parent acting as a surety and the petitioner’s physical presence at each trial date, with cancellation upon two consecutive absences without sufficient cause.
Issues considered
- Whether bail should be granted to an accused in a cyber‑fraud case under Sections 319(2), 318(4) of the B.N.S. and 66C, 66D of the IT Act despite the nature of the offence.
- Whether the absence of a private complaint, money trail, and prior criminal antecedents justifies bail.
- Whether confessional statements alone constitute sufficient material to deny bail.
Legislation cited
- B.N.S. — s. 318(4), 319(2)
- Information Technology (Amendment) Act, 2008 — s. 66C, 66D
Subjects
- bail
- cyber fraud
- impersonation
- Information Technology Act
- Section 66C
- Section 66D
- criminal procedure
- charge‑sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3359 of 2026
Arising Out of PS. Case No.-521 Year-2025 Thana- LAHERIMUHALLA District- Nalanda
======================================================
Narendra Kumar @ Lallu S/o Sri Prakash Ram R/o vill - Gaibi, P.S- Rahui,
Distt.- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
: Mrs. Vaishnavi Singh, Advocate
: Mr. Ritwik Thakur, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 319(2) and 318(4) of the
B.N.S. and Section 66C and 66D of the Information
Technology (Amendment) Act, 2008.
3. As per the prosecution case, the petitioner, along
with others, allegedly committed cyber fraud by impersonating
as employees of Blue Dart Company and inducing customers to
dial certain codes on their phones, thereby gaining
unauthorized access and withdrawing money from their bank
accounts.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.3359 of 2026(3) dt.25-02-2026
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the present petitioner, who is B.Sc. student, has been made an
accused in this case showing his involvement in cyber fraud.
The F.I.R. itself indicates that he was arrested by police
personnel along with another accused and from his possession
a mobile phone along with receipt of some jewellery was
recovered and thereafter, it was revealed that the petitioner and
the other co-accused used to defraud the persons by
impersonating as Blue Dart courier company employee,
however, there has been no earlier complaint by any private
individual of being cheated by the present petitioner. During
the entire investigation no money trail has also been found,
which can be related to the mobile phone of the petitioner and
the motorcycle in question which was seized also belongs to
the brother of the petitioner and the concerned documents have
been brought on record. The petitioner with no criminal
antecedent and without any substantive material having been
collected against him is languishing in custody since
20.11.2025 and charge-sheet has been submitted.
5. Learned APP for the State opposed the grant of
bail on the ground that the petitioner is involved in cyber
crime.
6. Taking into consideration the facts and
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circumstances and considering the fact that the case diary does
not disclose any antecedent or any other substantive material
but for the confessional statement of the petitioner and the co-
accused, coupled with the fact that the charge-sheet has been
submitted, let the above named petitioner, be released on bail
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate, Biharsharif, Nalanda
/concerned Court below in connection with Lehri P.S. Case No.
521 of 2025 subject to condition that:
(i) One of the bailors will be the father or
mother of the petitioner.
(ii) The petitioner shall remain physically
present in court on each and every date during trial and in the
event of failure on two consecutive dates without sufficient
reasons, his bail bonds shall be liable to be cancelled by the
learned court concerned.
(Soni Shrivastava, J)
anand/-
U T
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