Patna High Court
Vinayak KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied bail, holding that the gravity of the offences warranted the dismissal of the bail application.
Summary
Vinayak Kumar petitioned the Patna High Court for regular bail in a case registered under Sections 303(2) and 318(4) of the Bihar Negotiable Instruments Act and Sections 66(C) and 66(D) of the Information Technology Act, alleging a fraud of Rs. 2,30,000. The prosecution alleged that Kumar, along with co‑accused, committed the fraud. The petitioner claimed he was falsely implicated, noted that he already had one criminal antecedent for which he was on bail, and had been in custody since 24‑03‑2026, undertaking to cooperate with the trial. The State, represented by an Additional Public Prosecutor, opposed the bail. The Court, after considering the seriousness of the offences, declined to grant bail and dismissed the application.
Issues considered
- Whether regular bail should be granted to the petitioner for offences under Sections 303(2) and 318(4) of the Bihar Negotiable Instruments Act and Sections 66(C) and 66(D) of the Information Technology Act.
- Whether the gravity of the alleged fraud and the petitioner’s antecedent circumstances preclude the grant of bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 303(2), 318(4)
- Information Technology Act — s. 66(C), 66(D)
Subjects
- bail
- fraud
- Information Technology Act
- Bihar Negotiable Instruments Act
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39775 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- KAJI MUHAMMADPUR District-
Muzaffarpur
======================================================
Vinayak Kumar Son of Kundan Kumar Singh Resident Of Village- Pura
(Rauna), Ps -Gaighat District -Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raju Kumar, Advocate
For the Opposite Party/s : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Kazi
Mohammadpur P.S. Case No. 27/2026 registered for the
offences punishable under Sections 303(2) and 318(4) of B.N.S.
and Section 66(C)(D) of the I.T. Act.
3. As per the prosecution case, petitioner, along with
the other accused persons, is alleged to have committed a fraud
of Rs. 2,30,000/- against the informant.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has one criminal antecedent in
which he is on bail and he is in custody since 24.03.2026. The
Patna High Court CR. MISC. No.39775 of 2026(2) dt.22-06-2026
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petitioner undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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