Badal KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35772 of 2026
                    Arising Out of PS. Case No.-2 Year-2026 Thana- Cyber P.S. District- West Champaran
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                 Badal Kumar Son of Shambhu Kushwaha @ Shambhu Bhagat Resident of
                 Village- Charghariya, Police Station -Valmiki Nagar, District -West
                 Champaran

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Vijay Kr Singh No. 1, Advocate
                 For the Opposite Party/s :        Mr. Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   26-05-2026                  Heard the learned counsel for the petitioner and the

                   learned A.P.P. appearing for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Cyber (Bagaha) P.S. Case No.2 of 2026, for allegedly having

                   committed offences under Sections 318(4), 112 and 3(5) of the

                   B.N.S., 2023 as well as under Section 66(C) and 66(D) of the

                   Information Technology Act.

                                3. As per the prosecution case, which has been lodged

                   on the basis of the written report submitted by the informant, to the

                   effect that he came to know about cyber fraud by using several

                   bank accounts, while he was going through a complaint lodged on

                   N.C.R.P. portal. For its verification, a team was constituted and

                   raid was conducted in the house of co-accused, Hira Kumar and

                   Sidharth Kumar. Co-accused, Hira Kumar and Sidharth Kumar
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          revealed the names of other co-accused persons, who are also

          involved in the occurrence. It has further been alleged that co-

          accused Hira Kumar revealed that he came in contact with a

          person having Mobile No.9934201133 on social media who lured

          him for opening bank accounts for transaction of money and

          assured him to pay 10% for each transaction. On the offer given by

          the said person, Hira Kumar persuaded co-accused, Adarsh Kumar,

          Sidharth Kumar and the present petitioner to get involved in the

          fraud. Some other persons were also involved in the said fraud and

          some A.T.M. Cards and Pass Books were also recovered which

          were of different banks and in different names.

                       4. The learned counsel appearing on behalf of the

          petitioner submits that the name of the petitioner transpired in the

          present case on the statement made by co-accused, Adarsh Kumar,

          who had withdrawn Rs.2,90,000/- from his own account through

          cheque. He further submits that he has got no concern with the

          alleged fraud and he is the brother of another accused, namely,

          Hira Kumar, who was also arrested. The allegation against the

          petitioner is that he has withdrawn Rs.40,000/- from the account of

          his brother, Hira Kumar through cheque and has further withdrawn

          Rs.2,00,000/- from the account of Sidharth Kumar through

          cheque. The learned counsel for the petitioner further submits that

          no complaint has been made with regard to any fraudulent
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          withdrawal. He further submits that the only allegation against the

          petitioner is of withdrawal of money from the account of his

          brother, Hira Kumar and co-accused, Adarsh Kumar by cheques

          given by his brother. It is further submitted that the petitioner was

          persuaded by his brother and co-accused, Hira Kumar for opening

          the bank account as he was lured for payment for each

          transactions, which is made through the said bank account and the

          petitioner was not aware about the same. The learned counsel for

          the petitioner further submits that the petitioner has got a clean

          antecedent.

                       5. Per Contra, the learned APP appearing on behalf of

          the state opposes the prayer for anticipatory bail of the petitioner

          and submits that the petitioner is involved in cyber fraud and he is

          the brother of co-accused, Hira Kumar and his name has transpired

          in the present case on the confessional statement made by Sidharth

          Kumar and Hira Kumar. He further submits that co-accused,

          Sidharth Kumar has filed a petition for regular bail being Criminal

          Miscellaneous No.28802 of 2026, in which a Hon’ble Single

          Judge of this Court has been pleased to call for the case diary vide

          order dated 28.04.2026. It is further submitted that co-accused,

          Hira Kumar has also filed a petition for regular bail vide Criminal

          Miscellaneous No.35780 of 2026 and the same is pending for

          adjudication before this Court. It is submitted by the learned A.P.P.
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                         for the State that the petitioner does not deserve the privilege of

                         anticipatory bail, since he is member of a gang which cheats the

                         common people using phone and other means by duping their hard

                         earned money.

                                      6. Having heard the rival submissions and after going

                         through the records, it appears that the name of the petitioner

                         transpired in the present case on the basis of the statement made

                         by co-accused, Hira Kumar and Sidharth Kumar, from whom Pass

                         Books and A.T.M. Cards of different banks were recovered. The

                         petitioner is also involved in the said crime and has done certain

                         transactions from his account as well as from the account of Hira

                         Kumar and Sidharth Kumar.

                                      7. Taking into consideration the facts aforesaid, this

                         Court is not inclined to grant the privilege of anticipatory bail to

                         the petitioner and, accordingly, the prayer for grant of anticipatory

                         bail to the petitioner is hereby rejected.


                                                     (Ritesh Kumar, J.)

Sanjay/-

U          T