Patna High Court
Pradip KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Pradip Kumar, was arrested for allegedly facilitating a cyber‑crime network by transferring Rs 11,000 to an account used for fraud, and was charged under Section 318(4) of the Bharatiya Nyaya Sanhita and Sections 66(c) and 66(d) of the Information Technology Act. The petitioner argued that the FIR contains no evidence of any victim, monetary loss, or direct involvement in the fraud, and that he has no prior criminal record, having been in custody since 31‑12‑2025. The State opposed bail, contending the seriousness of the alleged cyber offences. The court examined the material and noted the absence of direct evidence against the petitioner and that a charge‑sheet had already been filed. Consequently, the court ordered that bail be granted on a bond of Rs 10,000 with two sureties, considering the petitioner’s clean record and lack of prima facie incriminating material.
Issues considered
- Whether bail should be granted to the petitioner under the charges of Section 318(4) of the Bharatiya Nyaya Sanhita and Sections 66(c) and 66(d) of the IT Act.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 318(4)
- Information Technology Act — s. 66(c), 66(d)
Subjects
- bail
- cyber crime
- Information Technology Act
- Section 66
- Bharatiya Nyaya Sanhita
- Section 318
- criminal procedure
- facilitation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36016 of 2026
Arising Out of PS. Case No.-101 Year-2025 Thana- Cyber P.S. District- Bhagalpur
======================================================
Pradip Kumar S/O Mahendra Prasad Resident of Village - Kamta, P.S. -
Bhabhua, District - Kaimur, Bhabua.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Sunil
For the Opposite Party/s : Mr. Lalan Kumar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 318(4) of Bharatiya Nyaya
Sanhita and Section 66(c) and 66(d) of the I.T. Act.
3. As per FIR, the petitioner acted as a facilitator for a
large scale cyber crime network.
4. Learned Counsel for the petitioner submits that the
petitioner has been made an accused in the present case of
cyber fraud only on the ground that he had transferred an
amount of Rs. 11,000/- into the account of one Anil Kumar
Mandal which was supposedly being used for the purposes of
cyber fraud. It is further submitted that the entire FIR does not
indicate any monetary gain or loss to any person nor any victim
has come forward during the entire course of investigation to
Patna High Court CR. MISC. No.36016 of 2026(2) dt.08-06-2026
2/2
complain against the petitioner. Further, the petitioner having no
criminal antecedent has been languishing into custody since
31.12.2025.
5. Learned APP for the State has opposed the
application for bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that prima facie
there appears to be no direct material against the petitioner with
regard to cyber fraud and moreover, since the charge-sheet has
already been submitted, let the above named petitioner, who has
not criminal antecedent, be enlarged 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 court
below where the case is pending/successor court in connection
with Bhagalpur Cyber P.S. Case No.101 of 2025.
(Soni Shrivastava, J)
Ayush/devendra/-
U T
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