Patna High Court
Fantesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner subject to the conditions of Section 438(2) CrPC and Section 482(2) BNSS, 2023.
Summary
Fantesh Kumar was named in an FIR for alleged cyber fraud and related offences under the Bhartiya Nagrik Suraksha Sanhita and the Information Technology Act. The petitioner argued that his name was recorded only based on statements of co‑accused and that no incriminating material was recovered from his possession, citing that similarly situated co‑accused had already been granted bail. The State opposed the bail application. The Court observed that the allegation against the petitioner was prima facie based on suspicion and, in the absence of seized material, found no justification to deny bail. Accordingly, the Court directed that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023.
Issues considered
- Whether bail should be granted when the petitioner’s involvement is alleged only on the basis of co‑accused statements and no material has been seized from him
- Whether the petitioner is entitled to parity with co‑accused who have already been released on bail
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 111, 317(5), 318(4), 319(2), 336(3), 338, 340(2), 482(2), 61(B)
- Code of Criminal Procedure — s. 438(2)
- Information Technology Act — s. 66-B, 66-C, 66-D
Subjects
- bail
- cyber fraud
- suspicion
- parity
- BNSS
- CrPC
- information technology law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3969 of 2026
Arising Out of PS. Case No.-67 Year-2025 Thana- Shahpur P.S. District- Nawada
======================================================
Fantesh Kumar, S/o Mateshwar Singh, R/o Village-Bhagwatpur, P.S.-
Shahpur, Dist- Nawada.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Shahpur P.S. Case
No. 67 of 2025 registered for the offences under Sections
319(2), 318(4), 336(3), 338, 340(2), 317(5), 61(B), and
111 of the BNS and Sections 66-B, 66-C and 66-D of the I.T.
Act.
3. The allegation against the petitioner is to indulge
in cyber fraud along with other co-accused persons, who upon
police raid apprehended and upon search, data sheet of
customers running into five pages and three mobile phones
were alleged to be recovered from their possession.
Patna High Court CR. MISC. No.3969 of 2026(2) dt.09-02-2026
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4. It is submitted by learned counsel appearing for
petitioner that the name of this petitioner transpired on the
basis of disclosure of apprehended co-accused persons, in
furtherance of which, no incriminating material appears
recovered from his possession as to connect with present
crime in question. It is submitted that similarly situated co-
accused persons have already been granted bail by one of
learned co-ordinate Bench of this Court through Cr. Misc.
No.82301 of 2025 dated 02.12.2025 and as a matter of
judicial parity, the petitioner also deserves bail. The petitioner
found involved in one more criminal case, where he is on bail.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as prima facie the name of petitioner
transpired on the basis of suspicion arising out of disclosure of
the apprehended co-accused persons, where admittedly
incriminating materials not appears to be recovered from
physical possession of this petitioner, accordingly, the
petitioner, in the event of his arrest or surrender before the
court below within a period of four weeks, is directed to be
Patna High Court CR. MISC. No.3969 of 2026(2) dt.09-02-2026
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released on bail in connection with Shahpur P.S. Case No. 67
of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M.-VI, Nawada/concerned court,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure (in short ‘CrPC’)/under
Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita,
2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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