Patna High Court
Harish Kumar @ Irish @ Irish KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- B.N.S. — s. 318(2), 319(2), 61(2)
- Information Technology Act — s. 66(C), 66(D)
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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