Patna High Court
Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court denied bail to the petitioner, refusing the prayer for release.
Summary
Petitioner Prakash Kumar was arrested on 16 January 2026 in connection with a cyber‑fraud case (Cyber P.S. Case No. 05 of 2026) alleging that he purchased a mule account and used it via UPI/Internet banking to defraud victims. He is charged under several provisions of the Bihar Non‑Statutory (BNS) Act, 2023 (Sections 303(2), 319(2), 318(4), 61(2), 317(2), 317(5) and 111) and under Sections 66, 66(C) and 66(D) of the Information Technology Act. The petitioner contended that the FIR is false, he is innocent, and the allegations are fabricated. The prosecution argued that the phone number and bank account involved belong to the petitioner, indicating his active participation, and highlighted two prior criminal records, one of a similar nature. The Court, after considering the seriousness of the offences, the evidence linking the petitioner to the fraud, and his antecedents, declined to grant bail, refusing the prayer.
Issues considered
- Whether bail should be granted to the petitioner in a cyber‑fraud case involving alleged use of a mule account and violations of the BNS Act, 2023 and the IT Act.
- Whether the petitioner’s prior criminal antecedents and the alleged linkage of his phone number and bank account to the fraud justify denial of bail.
Legislation cited
- Bihar Non‑Statutory (BNS) Act, 2023 — s. 111, 303(2), 317(2), 317(5), 318(4), 319(2), 61(2)
- Information Technology Act — s. 66, 66(C), 66(D)
Subjects
- bail
- cyber crime
- Information Technology Act
- mule account
- UPI fraud
- criminal antecedents
- BNS Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36900 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- Cyber P.S. District- West Champaran
======================================================
Prakash Kumar S/o Amardeo Chaudhary @ Amar Deo Choudhary R/o
Village - Jhakhara Baswariya, Police Station - Jagdishpur, District - West
Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sachida Nand Rai, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-06-2026 Heard Mr. Sachida Nand Rai, learned counsel for the
petitioner and Mr. Lalan Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
16.01.2026 in connection with Cyber P.S. Case No. 05 of 2026,
F.I.R. dated 15.01.2026 for the offences punishable under
Sections 303(2), 319(2), 318(4), 61(2), 317(2), 317(5) and 111
of the BNS, 2023 and Sections 66, 66(C) and 66(D) of the
Information Technology Act.
3. According to prosecution case, this petitioner along
with other accused persons were indulged in cyber crime by
purchasing Mule account and using the same through
UPI/Internet Banking Login to commit cyber fraud.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.36900 of 2026(2) dt.16-06-2026
2/2
present case. The allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the number which was mentioned in the FIR
belongs to the petitioner and apart from that the account in
which the money was received also belongs to the petitioner
which suggests that he has actively participated in the present
crime in question. Apart from that the petitioner carries two
criminal antecedents other than the present one where one is of
similar nature.
6. Considering the aforesaid facts and circumstances
of the case as well as allegation alleged in the FIR, I am not
inclined to enlarge the petitioner on bail in connection with
Cyber P.S. Case No. 05 of 2026 pending in the court of learned
Judicial Magistrate-1st Class, Bettiah, District-West Champaran.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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