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Patna High Court

Abhishek Kumar Singh @ Dular KashyapversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                         3/3




                       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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