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Patna High Court

Pradip KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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