Patna High Court
Sujeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to a bond and a condition to produce a demand draft in favor of the informant.
Summary
The petitioner, Sujeet Kumar, was arrested in connection with a case registered under Sections 305(c), 317(2&4) and 111 read with Section 3(5) of the BNS, and Sections 66(c) and 66(d) of the Information Technology Act, for allegedly withdrawing Rs. 40,000 from an informant’s bank account after stealing her mobile phone. He had been in custody since 13 November 2025 and applied for bail, claiming innocence and willingness to compensate the informant. The petitioner’s counsel argued that the allegations were false and that the petitioner was ready to make good the loss. The court considered the nature of the offences, the petitioner’s custody period, and the assurance of compensation. The court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to produce a demand draft of Rs. 50,000 in favor of the informant.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 305(c), 317(2&4), 111 read with Section 3(5) of the BNS and Sections 66(c), 66(d) of the IT Act.
Legislation cited
- BNS — s. 111, 305(c), 317(2&4), 3(5)
- Information Technology Act — s. 66(c), 66(d)
Subjects
- bail
- cyber crime
- theft
- Information Technology Act
- Section 66(c)
- Section 66(d)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40138 of 2026
Arising Out of PS. Case No.-5 Year-2025 Thana- RAIL CYBER P.S. District- Muzaffarpur
======================================================
Sujeet Kumar Son of Kapildev Sahani @ Kamlesh Sahani @ Kaplesh Sahani
Resident of Village - Nanikar, Jogaulia, P.S.- Madhuban, District - East
Champaran (Motihari).
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhubala Verma
For the Opposite Party/s : Mr.Rajendra Singh Shastri
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 02-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Rail
Cyber P.S. Case No. 5 of 2025 registered for the offence under
Sections 305(c), 317(2&4) and 111 read with Section 3(5) of the
BNS and under Section 66(c) and 66(d) of the I.T. Act.
3. As per the prosecution case, the petitioner is
accused of withdrawing Rs. 40,000/- from the account of the
informant after stealing her mobile phone.
4. The petitioner is in custody since 13.11.2025.
5. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. He further submits that the petitioner, without accepting
Patna High Court CR. MISC. No.40138 of 2026(4) dt.02-07-2026
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his guilt, is ready to make good the loss suffered by the
informant.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with Rail
Cyber P.S. Case No. 5 of 2025.
8. As a condition of this order, the petitioner, at the
time of furnishing his bail bonds, is directed to produce a
demand draft of Rs. 50000/- in the name of the informant which
shall be released in favour of the informant by the court below.
(Sandeep Kumar, J)
Vikas/-
U
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