Patna High Court
Akhilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that, having regard to the petitioner’s clean antecedent and the grant of bail to similarly situated co‑accused, bail must be released on condition of a Rs 10,000 bond with sureties.
Summary
The petitioner, Akhilesh Kumar, was arrested on 22 January 2026 in connection with a FIR alleging offences under the Bihar Narcotic Substances Act, 2023 and the Information Technology Act, 2000 for alleged cyber‑fraud. The prosecution claimed a mobile phone was recovered from him, while the defence argued that only a single device was seized and that the charge was based merely on suspicion, emphasizing the petitioner’s clean antecedent. The petitioner also highlighted that a co‑accused, Kundan Kumar, had been granted bail by a coordinate bench in a similar case. The State opposed bail, but the court considered the lack of incriminating evidence, the petitioner’s clean record, and the precedent of bail to the co‑accused. Consequently, the court ordered bail on a Rs 10,000 bond with two sureties and imposed conditions regarding trial cooperation, evidence tampering, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the BNS Act and IT Act.
- Whether the mere recovery of a mobile phone constitutes sufficient material to justify continued detention.
- Whether the grant of bail to a similarly situated co‑accused mandates similar relief to the petitioner.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 316(2), 318(4), 319(2), 336(3), 338, 340(2), 3(5), 61(2)
- Information Technology Act, 2000 — s. 66(c), 66(D)
Subjects
- bail
- cyber fraud
- Information Technology Act
- Bihar Narcotic Substances Act
- criminal procedure
- suspicion
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35938 of 2026
Arising Out of PS. Case No.-43 Year-2026 Thana- GRIYAK District- Nalanda
======================================================
Akhilesh Kumar Son of Chandeshwar Mahto @ Shidheshwar Mahto @
Sudheshwar Mahato Resident of Village - Jabaharchak, P.S.- Katrisarai,
District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Man Mohan Kumar, Advocate
For the Opposite Party/s : Mr.Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 18-06-2026 Heard Mr.Man Mohan Kumar, learned counsel for
the petitioner and Mr.Tapeshwar Sharma, learned APP for the
State.
2. The petitioner seeks bail, who is in custody since
22.01.2026 in connection with Giriak (Katrisarai) P.S. Case
No. 43 of 2026, F.I.R. dated 21.01.2026 registered for the
offence punishable under Sections 316(2), 318(4), 319(2),
336(3), 338, 340(2), 61(2), 3(5) of BNS, 2023 and Section
66(D),66(c) of I.T.Act, 2000.
3. As per the prosecution case, the informant,
alongwith police party, reached at the place of occurrence,
wherein the informant found some persons seated there and,
whereas probably engaged in cyber fraud, the persons sitting
there started fleeing away, while the petitioner along with co-
Patna High Court CR. MISC. No.35938 of 2026(2) dt.18-06-2026
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accused persons were arrested at the spot. They were searched
and from the possession of the petitioner one screen touch
mobile was recovered and from other co-accused persons
different mobiles and other articles was recovered.
4. Learned counsel for the petitioner submits that
the petitioner has clean antecedent. It appears from the FIR
that no incriminating article has been recovered from
possession of the petitioner only one screen touch mobile was
recovered from possession of the petitioner and petitioner has
been made accused in the present case merely on the basis of
suspicion. Further submits that the similarly situated co-
accused person, namely, Kundan Kumar and others have
been granted bail by a Coordinate Bench of this Hon’ble
Court vide order dated 04.05.2026 passed in Cr. Misc.
No.18441 of 2026 and the police, after investigation,
submitted the chargesheet against the petitioner and the
petitioner is in custody since 22.01.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has
clean antecedent and similarly situated co-accused person,
namely, Kundan Kumar and others have been granted bail by
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a Coordinate Bench of this Hon’ble Court, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Nalanda at Biharsharif in connection with Giriak
(Katrisarai) P.S. Case No. 43 of 2026,with the following
conditions:-
(I) Petitioner shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on his/her absence on two consecutive dates
without sufficient reason, his/her bail bond shall be cancelled
by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(III) And, further condition that the court below
shall verify the criminal antecedent of the petitioner and in
case at any stage, it is found that the petitioner has concealed
his criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned
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order shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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