Patna High Court
Mithilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSUL
Holding
The court held that bail could not be granted in view of the nature of the offences and the material evidence, and dismissed the bail application.
Summary
The petitioners, Mithilesh Kumar and Mukesh Kumar, applied for regular bail in a case registered under several sections of the B.N.S. and the Information Technology Act, alleging involvement in cyber crime and fraud. The prosecution presented a large quantity of material recovered from the scene, indicating the petitioners' participation in the alleged offences. The petitioners contended that they were falsely implicated, with one having a clean record and the other a single prior antecedent, and sought release from custody. The State opposed the bail application, emphasizing the seriousness of the offences. The Patna High Court, considering the nature of the charges and the material evidence, declined to grant bail and dismissed the application, noting that its observations were preliminary and not a determination on the merits.
Issues considered
- Whether regular bail should be granted to the accused in offences under sections 319(2), 318(4), 303(2), 317(4), 317(5), 111(2)(b) of the B.N.S. and sections 66, 66(C), 66(D) of the Information Technology Act.
Legislation cited
- B.N.S. — s. 111(2)(b), 303(2), 317(4), 317(5), 318(4), 319(2)
- Information Technology Act, 2000 — s. 66, 66(C), 66(D)
Subjects
- bail
- cyber crime
- Information Technology Act
- regular bail
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35506 of 2026
Arising Out of PS. Case No.-193 Year-2026 Thana- MAJHAULIA District- West Champaran
======================================================
1. Mithilesh Kumar S/o Suresh Yadav R/o Vill- Jaukatiya, Ward no. 2, PS-
Majhuliya, Distt- West Champaran
2. Mukesh Kumar S/o Ramesh Yadav R/o Vill- Jaukatiya, Ward no. 2, PS-
Majhuliya, Distt- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gyan Prakash, Advocate
For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 21-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek regular bail in connection with
Majhuliya P.S. Case No. 193 of 2026, registered under Sections
319(2), 318(4), 303(2), 317(4), 317(5), 111(2)(b) of the B.N.S.
and sections 66, 66(C), 66(D) of I.T. Act.
3. As per prosecution case, large number of materials
were recovered from the place where the petitioners were
caught. All the materials suggested involvement in cyber crime
and cyber fraud.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. The petitioner no. 1 has clean antecedent while
petitioner No. 2 has one antecedent and they are in custody
Patna High Court CR. MISC. No.35506 of 2026(2) dt.21-05-2026
2/2
since 24.02.2026.
5. Learned APP for the State has vehemently opposes
the prayer for bail of the petitioners.
6. Considering the nature of offence, this court is not
inclined to grant bail to the petitioners, this application is
dismissed.
7. 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)
Ranjeet/-
U T
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