Patna High Court

Kata Srinivas RaoversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

Bail was granted with conditions, as the petitioner’s prolonged custody and willingness to make restitution outweighed the seriousness of the offence.

Summary

The petitioner, Kata Srinivas Rao, was charged under Sections 319(2), 318(4), 303(2), 204 of the BNS, 2023 and Sections 66 and 66(d) of the Information Technology Act for allegedly cheating Rs. 14,33,487. He had been in custody for more than a year and offered to refund Rs. 5,00,000 to the informant in five equal installments. The State opposed the bail application, citing the seriousness of the cyber‑offence. The Court considered the length of incarceration, the nature of the offence, and the petitioner’s willingness to make restitution. It granted bail on a bond of Rs. 10,000 with two sureties, conditioned on an immediate payment of Rs. 1,00,000 and the balance in four monthly installments to the informant. The bail will be confirmed only after full payment and may be cancelled if the petitioner fails to appear on two consecutive dates without sufficient cause.

Issues considered

Whether bail should be granted in a cyber‑crime case involving large financial cheating after the petitioner has been in custody for over a year
Whether the petitioner’s offer to repay the alleged loss in installments justifies the grant of bail

Legislation cited

BNS, 2023 — s. 204, 303(2), 318(4), 319(2)
Information Technology Act — s. 66, 66(d)

Subjects

bail
cyber crime
cheating
Information Technology Act
section 66
section 66(d)
surety
installment payment
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.47877 of 2025
                        Arising Out of PS. Case No.-79 Year-2024 Thana- Cyber P.S. District- Nawada
                 ======================================================
                 Kata Srinivas Rao Son of K. Koteshwara Rao At present address Plot No.- 80
                 Aditya Nilayam Balayee Nagar Vaiketray Nagar Road No.- 4, Nijampat,
                 Haidrabad - 90, Permanent address House No.- 55 Madala Murpala, District -
                 Guntur, State Andara Pradesh.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. N. K. Agrawal, Sr. Adv.
                                                    Mr. Ajay Kumar, Adv.
                 For the Opposite Party/s :         Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

8   02-02-2026                    Heard learned counsel for the petitioner and learned APP

                   for the State.

                                 2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections-319(2), 318(4), 303(2), 204 of

                   BNS, 2023 and Sections-66 & 66(d) of the Information and

                   Technology Act.

                                 3. Allegedly, Rs. 14,33,487/- is alleged to have been

                   cheated away by Cyber criminals.

                                 4. Learned Senior Counsel for the petitioner has submitted

                   that the petitioner is under custody for more than a year and he is

                   ready to refund the entire amount of Rs. Five lakhs to the informant

                   in five equal installments.

                                 5. Learned APP has opposed the prayer for bail.
            Patna High Court CR. MISC. No.47877 of 2025(8) dt.02-02-2026
                                                        2/2




                                   6. Considering the aforesaid facts and circumstances as

                      well as period of incarceration which is more than a year, let the

                      petitioner named above, 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 learned Judicial Magistrate-Ist Class,

                      Nawada in connection with Cyber (Nawada) P.S. Case No. 79 of

                      2024.

                                   7. It goes without saying that the petitioner shall make

                      payment of Rs. 1,00,000/- (one lakh) at the time of furnishing bail

                      bond and rest amount shall be paid in four equal monthly

                      installments in the account of the informant.

                                   8. The bail bond of the petitioner shall only be

                      confirmed by the learned court below itself after payment of the

                      entire installments within the stipulated period.

                                   9. The petitioner will appear in the court below on

                      each and every date fixed in the case and if, he fails to do so on

                      two consecutive dates unless he is prevented by extremely

                      adverse circumstances, the learned court below shall be at liberty

                      to cancel the bail bonds of the petitioner.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T

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