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Patna High Court

SUBODH KUMAR GAMIversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that, given the nature and gravity of the cyber‑fraud offences, bail could not be granted and the application was dismissed.

Summary

The petitioner, Subodh Kumar Gami, applied for regular bail in a cyber‑fraud case (Sitamarhi Cyber P.S. Case No. 21 of 2025) involving offences under the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act. The charges include sections 318(4), 319(2), 336(3), 338, 340(2), 111(2) of the BNS and sections 66, 66(C), 66(D) of the IT Act, alleging cyber fraud. The petitioner contended innocence, lack of a formal complaint, and that he was arrested at a coaching centre, having been in custody since 16‑04‑2025. The State opposed bail, emphasizing the seriousness of the alleged cyber‑fraud. The Court, after reviewing the earlier bail denial and the gravity of the offences, found no sufficient ground to grant bail and dismissed the second bail application.

Issues considered

  • What is the appropriateness of granting regular bail to an accused in a cyber‑fraud case involving sections of the Bharatiya Nyaya Sanhita, 2023 and the IT Act?

Legislation cited

Subjects

  • bail
  • cyber fraud
  • IT Act
  • criminal procedure
  • serious offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39504 of 2026
                       Arising Out of PS. Case No.-21 Year-2025 Thana- Cyber P.S. District- Sitamarhi
                 ======================================================
                 SUBODH KUMAR GAMI Son of Ramshreshth Gami Resident of Village -
                 Matiar Kalan, Ward No. - 08, Police Station- Sahiyara, District- Sitamarhi.

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Pushpendra Kumar Singh
                 For the Opposite Party/s :         Mr. Amitesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-07-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the 2nd attempt of the petitioner seeking bail

                   in connection with Sitamarhi Cyber P.S. Case No. 21 of 2025

                   registered for the offence under Sections 318(4), 319(2), 336(3),

                   338, 340(2), 111(2) of the Bharatiya Nyaya Sanhita, 2023 and

                   under Sections 66, 66(C) and 66(D) of the IT Act.

                                3. Earlier the bail application of the petitioner was

                   rejected on 03.12.2025 in Cr. Misc. No. 83212 of 2025 which

                   reads as follows:-


                                                               Heard the learned counsel for the
                                              petitioners and learned APP for the State.
                                                           2. The petitioners seek regular bail in
                                              connection with Sitamarhi Cyber P.S. Case No. 21 of 2025
                                              registered for the offence under Sections 318(4), 319(2),
                                              336(3), 338, 340(2), 111(2) of the Bharatiya Nyaya
            Patna High Court CR. MISC. No.39504 of 2026(2) dt.07-07-2026
                                                        2/2




                                              Sanhita, 2023 and under Sections 66, 66(C) and 66(D) of
                                              the IT Act.
                                                            3. As per the prosecution case, the
                                              petitioners are accused of cyber fraud.
                                                            4. Learned counsel for the petitioners
                                              submits that petitioners are innocent and have not
                                              committed any offence. Petitioners are in custody since
                                              16.04.2025. He further submits that there is no
                                              complaint and the petitioner has been arrested from a
                                              coaching center.
                                                            5. Learned A.P.P. for the State has
                                              vehemently opposed the prayer for bail.
                                                            6. Considering the facts and circumstances
                                              of the case and the fact that the petitioner is involved in
                                              the cyber fraud/crime, this Court is not inclined to grant
                                              regular bail to the petitioners.
                                                            7. Accordingly, this application for regular
                                              bail stands rejected.



                                   4. Considering the nature and gravity of the offeence

                      as well as the fact that the petitioner is involved in cyber fraud,

                      this Court finds no ground to review its earlier order.

                      Accordingly, this application for regular bail stands dismissed.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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