Patna High Court
Abhishek Kumar Singh @ Dular KashyapversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners, directing them to furnish a bail bond of Rs 10,000 each with two sureties.
Summary
The petitioners, Abhishek Kumar Singh and Shashank Kumar Singh, were arrested in connection with a cyber‑fraud case (Bhagalpur Cyber P.S. Case No. 04 of 2026) alleging offences under Sections 318(4) and 111(2) of the B.N.S. and Sections 66(c) and 66(d) of the Information Technology Act. The prosecution alleged that the informant’s husband’s account was debited of Rs 18,70,000 by the accused. The petitioners contended that they were falsely implicated, that the FIR was lodged against unknown persons, and that the only link to them was a confessional statement by Avinash Kumar’s co‑accused, Tarakant Prasad, who named them. They further argued that no money was transferred through their bank accounts and that a co‑accused in a similar circumstance had previously been granted bail. After hearing both sides, the Court found the petitioners’ claim of false implication credible and, noting their prolonged pre‑trial detention since 25‑02‑2026, ordered that they be released on bail upon furnishing a bond of Rs 10,000 with two sureties each.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the cyber‑fraud offences alleged.
- Whether the confessional statements of co‑accused constitute sufficient ground to deny bail.
- Whether the petitioners pose a flight risk or risk of tampering with evidence.
Legislation cited
- B.N.S. — s. 111(2), 318(4)
- Information Technology Act, 2000 — s. 66(c), 66(d)
Subjects
- bail
- cyber fraud
- confessional statement
- false implication
- Information Technology Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36541 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- Cyber P.S. District- Bhagalpur
======================================================
1. Abhishek Kumar Singh @ Dular Kashyap Son of Digvijay Singh Resident
of Village -Pahleija Sahpur, Diyara, PO and PS -Sonepur District -saran
2. Shashank Kumar Singh @ Sinu @ Shashank Kumar Son of Shatrughan
Singh Resident of Village -Pahleija Sahpur, Diyara, PO and PS -Sonepur
District -saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar, Advocatge
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Bhagalpur Cyber P.S. Case No. 04 of 2026 registered for
the offence punishable under Section 318(4) and 111(2) of the
B.N.S. and Sections 66(c) and 66(d) of the I.T. Act.
3. The case of the prosecution, in short, is that the
informant was cheated by fraudsters through digital arrest and
that they have got transferred Rs. 18,70,000/- (an odd amount)
from the account of the informant’s husband.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
Patna High Court CR. MISC. No.36541 of 2026(2) dt.30-06-2026
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committed no offence. They have been falsely implicated in
this case. Learned counsel for the petitioners has submitted that
the FIR was lodged against unknown miscreants. During the
course of investigation, I.O. came to know that the bank
account used in the fraudulent transaction in which the alleged
money was received was found to be in the name of Avinash
Kumar. Avinash Kumar has named one Tarakant Prasad.
Tarakant Prasad has also given his confessional statement and
he has named these petitioners. It has further been submitted
that no transaction was made in their accounts regarding the
alleged cyber fraud. It has further been submitted that the name
of these petitioners has surfaced in this case only on the basis
of confessional statement. It has further been submitted that
one of the co-accused whose name has surfaced in the
confessional statement of Avinash Kumar, has been granted
bail by this Court vide Cr. Misc. No.26748 of 2026. The case of
these petitioners stands on similar footing. Moreover, they are
languishing in judicial custody since 25.02.2026.
5. The application for bail is vehemently opposed by
learned APP for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court
Patna High Court CR. MISC. No.36541 of 2026(2) dt.30-06-2026
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is inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the
learned J.M.F.C., Bhagalpur in connection with Bhagalpur
Cyber P.S. Case No. 04 of 2026.
(Ashok Kumar Pandey, J)
lata/-
U T
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