Patna High Court
Praveen Kumar Giri @ Parbeen Kumar Giri @ Praveen KumarversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Petitioner Praveen Kumar Giri was arrested in connection with a cyber‑crime case (Gopalganj Cyber P.S. Case No. 85 of 2026) and charged under several sections of the BNS, the Information Technology Act and the Aadhaar Act. The prosecution’s case relied on a cabin seized from a CSP centre belonging to Ashu Kumari, where a computer, browsing history of two websites, iris printout, silicon fingerprints, Aadhaar card, voter ID and an eye scanner were recovered; the petitioner was not present at the time of seizure but his signature appeared on the seizure list, which the defence alleges is falsified. The defence further contended that the FIR is based on a confessional statement that is inadmissible, that no material was recovered from the petitioner’s possession, and that he has no prior criminal record. The State opposed regular bail, citing the seriousness of the offences. After hearing both sides, the court found the evidence insufficient to justify continued detention and ordered the petitioner’s release on regular bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the nature of the offences under the BNS, IT Act and Aadhaar Act.
- Whether the confessional statement recorded in the FIR is admissible.
- Whether the seizure and the alleged signature of the petitioner on the seizure list are valid grounds for detention.
Legislation cited
- Aadhaar (Targeted Delivery of Financial and Others Subsidies, Benefits and Services) Act, 2016 — s. 35, 36, 37, 38, 39, 40
- BNS — s. 318(4), 319(2), 336, 337, 338, 339, 340
- Information Technology Act, 2000 — s. 66, 66-C, 66-D, 73, 74
Subjects
- regular bail
- cyber crime
- Information Technology Act
- Aadhaar Act
- seizure of evidence
- confessional statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40278 of 2026
Arising Out of PS. Case No.-85 Year-2026 Thana- Cyber P.S. District- Gopalganj
======================================================
Praveen Kumar Giri @ Parbeen Kumar Giri @ Praveen Kumar S/o Anil
Kumar Giri @ Anil Giri R/o Vill-Baliwan Sagar, P.S- Vishambharpur, Distt-
Gopalganj
... ... Petitioner/s
Versus
The State Of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devashish Giri, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 318(4),
319(2), 336, 337, 338, 339, 340 of BNS, Sections 66, 66-C, 66-
D, 73 and 74 of I.T. Act and Sections 35, 36, 37, 38, 39 and 40
of the Aadhaar (Targeted Delivery of Financial and Others
Subsidies, Benefits and Services), Act, 2016.
3. The case of the prosecution is that in CSP Center of
one Ashu Kumari, a cabin was checked which was informed by
one Vicky Kumar and he said that the cabin belongs to this
petitioner. From that cabin, one computer and from the
browsing history, it was found that there were two websites
Patna High Court CR. MISC. No.40278 of 2026(2) dt.24-06-2026
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“anayartps.xyz” and “Vview.xyz” but the websites could not be
opened as the police was not having the passwords. It is further
alleged that Iris printout, silicon fingerprints, aadhaar card, voter
ID and eye scanner were recovered from the said cabin. Later
on, the petitioner was apprehended and he disclosed that he was
indulged in making aadhaar card.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. Recovery, if
any, has been made from the CSP Center of Ashu Kumari. As
per the case of the prosecution while making seizure, the
petitioner was not present but from perusal of the seizure list, it
transpires that there is signature of the petitioner on the seizure
list, this again falsifies the case of the prosecution. It has further
been submitted that save and except the recovery of articles as
displayed in the seizure list, there is nothing against him and the
recovery too has not been made from his possession. Rest of the
FIR is based on the basis of confessional statement of this
petitioner which is not admissible in the eye of law. Moreover,
the petitioner is languishing in judicial custody since 09.05.2026
having no criminal antecedent.
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5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Gopalganj Cyber P.S. Case No. 85 of 2026 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Gopalganj.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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