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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

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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