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Patna High Court

Harish Kumar @ Irish @ Irish KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application for regular bail was dismissed.

Summary

The petitioner, Harish Kumar, applied for regular bail in a case registered under Sections 319(2), 318(2) and 61(2) of the B.N.S. and Sections 66(C) and 66(D) of the Information Technology Act, alleging involvement in cyber fraud. He claimed innocence, a clean antecedent, and had been in custody since 23 February 2026. The State opposed bail, contending that the offence was a serious cyber fraud and that bail should not be granted. The learned judge, after hearing both sides, was not inclined to grant bail on the basis of the alleged cyber fraud. Consequently, the bail application was dismissed, with the observation that the remarks were prima facie and would not affect the trial.

Issues considered

  • Whether regular bail can be granted to an accused of cyber fraud under Sections 66(C) and 66(D) of the IT Act and the relevant provisions of the B.N.S.
  • Whether the nature of the alleged offence justifies denial of bail

Legislation cited

Subjects

  • regular bail
  • cybercrime
  • Information Technology Act
  • Sections 66C
  • Sections 66D
  • criminal procedure
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39615 of 2026
                     Arising Out of PS. Case No.-172 Year-2026 Thana- KADAMKUAN District- Patna
                 ======================================================
                 Harish Kumar @ Irish @ Irish Kumar Son of Late Raghunandan Mehta
                 Resident of Village- Kashnagar, ward No. 08, P.S.- Sonbarsha Raj, District-
                 Saharsa

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Radha Mohan Singh, Adv.
                 For the Opposite Party/s :      Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   22-06-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in connection with

                   Kadamkuan P.S. Case No. 172 of 2026 registered for the offence

                   under Sections 319(2), 318(2) & 61(2) of the B.N.S. read with

                   Sections 66(C) and 66(D) of the I.T. Act.

                                3. As per the prosecution case, the petitioner is

                   involved in cybercrimes.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is quite innocent and has not committed any offence.

                   The petitioner is in custody since 23.02.2026 having clean

                   antecedent.

                                5. Learned A.P.P. for the State has vehemently
            Patna High Court CR. MISC. No.39615 of 2026(2) dt.22-06-2026
                                                        2/2




                      opposed the prayer for bail and submits that it is a case of cyber

                      fraud and the cyber criminals should not be granted bail.

                                    6. Considering the fact that the petitioner is involved

                      in committing cyber fraud, I am not inclined to grant bail to the

                      petitioner.

                                    7. Accordingly, this application is dismissed.

                                    8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
sadique/-

U      T


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