Patna High Court
Sunil Kumar @ Sunil Kumar Kamati @ Sunil Kumar KamtiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
Holding
The court denied pre‑arrest bail to the petitioner.
Summary
The petitioner, Sunil Kumar, sought pre‑arrest bail after being implicated in a FIR alleging offences under the Bihar National Security Act, the Aadhaar (Targeted Delivery of Financial and Other Services) Act, 2016, and the Information Technology Act. The FIR arose from a raid on a photostat shop where electronic devices and Aadhaar‑related documents were seized, and a co‑accused’s confessional statement named the petitioner as involved in the illegal preparation of fake Aadhaar cards and unauthorized updates. The petitioner contended he had no incriminating material on his person, maintained a clean antecedent, and argued that the allegations were based solely on another’s statement. The State opposed bail, highlighting the seriousness of the offences, the recovery of Rs 20,000 from the petitioner’s house, and the seized equipment indicating a threat to national security. After weighing the submissions and the material evidence, the court rejected the petitioner's pre‑arrest bail application.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite being named in a co‑accused’s statement and the seizure of electronic devices related to Aadhaar fraud.
- Whether the seriousness of the offences under the BNS Act, Aadhaar Act and IT Act justifies denial of bail.
Legislation cited
- Aadhaar (Targeted Delivery of Financial and Other Services) Act, 2016 — s. 36, 38, 42
- Bihar National Security Act — s. 318(4), 319(2), 338, 340(2)
- Information Technology Act — s. 66(c), 66(D)
Subjects
- pre‑arrest bail
- Aadhaar fraud
- cyber crime
- Information Technology Act
- Bihar National Security Act
- electronic evidence
- national security
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39574 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- Cyber P.S. District- Araria
======================================================
Sunil Kumar @ Sunil Kumar Kamati @ Sunil Kumar Kamti S/O Rajendra
Kamat @ Shambhu Kamti R/O Village- Palasi, Ward No. 03, P.S.-
Narpatganj, Distt.- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prabhat, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and the
State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under section 318(4), 319(2), 338 and
340(2) of BNS, Sections 36, 38 & 42 of Aadhar Act 2016, and
Section 66(c) and 66(D) of I.T. Act.
3. According to the FIR, on April 4, 2026, at
approximately 4:00 PM, confidential information was received
regarding a CSP operator at Jyoti Complex, Forbesganj, who
was allegedly creating fake Aadhaar cards and conducting
unauthorized Aadhaar updates. Following notification to senior
officials, a joint raid was executed by the cyber police and
Forbesganj Police at Sonu Photostat shop, where the
shopkeeper, Md. Mohsin Alam @ Sopu, was apprehended while
Patna High Court CR. MISC. No.39574 of 2026(2) dt.23-06-2026
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attempting to hide a laptop and flee. A subsequent search led to
the recovery of a laptop, a fingerprint scanner, a retina scanner,
a Vivo mobile phone, a web camera, a bag, and 53 pages of
Aadhaar-related documents containing suspicious enrollment
operator details that indicated the use of fake or unauthorized
IDs. The accused disclosed that his associate, Sunil Kumar, was
also involved in the illicit operation, resulting in the confiscation
of all seized articles as both individuals were found to be
engaged in serious cognizable offenses impacting national
security.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence as alleged.
The name of petitioner transpired in this case in the confessional
statement of other co-accused persons. No incriminating have
been recovered from the possession of this petitioner. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State opposed the prayer for
bail and submitted that the petitioner is named in the FIR as one
of the persons involved in the illegal preparation of fake
Aadhaar cards and unauthorized Aadhaar updation activities. It
was further submitted that during the raid conducted by the
police, one of the apprehended co-accused persons disclosed the
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involvement of the petitioner in the said illegal operation. The
investigation revealed that fake and unauthorized Aadhaar
enrollment activities were being carried out by the accused
persons, and several electronic devices, including a laptop,
fingerprint scanner, retina scanner, mobile phone, web camera,
and Aadhaar-related documents containing suspicious
enrollment operator details, were recovered. Learned A.P.P.
further submitted that Rs. 20,000/- was recovered from the
house of petitioner and the materials collected during
investigation and the statements of witnesses recorded in the
case diary support the prosecution case and also indicate the
active involvement of the petitioner in the commission of
serious cognizable offences affecting the integrity and security
of the Aadhaar system. Therefore, considering the gravity of the
allegations, the petitioner does not deserve the privilege of bail.
6. Considering the rival submission of both the
parties, materials collected during investigation and gravity of
offence , prayer for pre-arrest bail of the petitioner is rejected.
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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