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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

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
                                            2/3




          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
          Patna High Court CR. MISC. No.39574 of 2026(2) dt.23-06-2026
                                                      3/3




                    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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