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Patna High Court

Ajay KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied the petitioner's application for regular bail.

Summary

The petitioner, Ajay Kumar, applied for regular bail in a case registered under the Madhubani Cyber Police Station for alleged offences under sections of the BNS and the Information Technology Act, relating to illegal online betting. He claimed innocence, stating he was not arrested at the scene, no material was recovered from him, and that his name appeared only in a co-accused's confessional statement. The State opposed bail, alleging his participation in an organized gambling gang, citing a shop search that found gambling websites open on his mobile. The court examined the allegations and the seriousness of the offences and concluded that the petitioner did not merit the privilege of bail at this stage. Consequently, the bail petition was rejected, with the court indicating that the petitioner may reapply after six months.

Issues considered

  • Whether the petitioner is entitled to regular bail given the nature of the alleged offences under the BNS and IT Act
  • Whether the alleged involvement in an organized online betting operation justifies denial of bail

Legislation cited

Subjects

  • bail
  • regular bail
  • online betting
  • cyber crime
  • Information Technology Act
  • organized crime
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4820 of 2026
                      Arising Out of PS. Case No.-37 Year-2025 Thana- Cyber P.S. District- Madhubani
                 ======================================================
                 Ajay Kumar Son of Dharmu Ray @ Dharmuraj Resident of Village
                 -Madhepur, PS - Madhepur, Dist- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ramchandra Jha Raman
                 For the Opposite Party/s :        Mr.Ram Anurag Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   03-02-2026                    Heard learned counsel for the petitioner as well as

                   learned APP for the State.

                                   2. In this case, the petitioner is seeking regular bail

                   in connection with Madhubani Cyber P.S. Case No. 37 of 2025,

                   registered for the offences punishable under Sections 318(4),

                   319(2), 297, 111(2),(b), 114(4), 3(5) of the BNS and 66(C),

                   66(D) of IT Act.

                                   3. According to the allegation, the petitioner

                   illegally played and facilitated online betting games and lured

                   innocent people with promises of earning more money.

                                  4. The learned counsel for the petitioner has

                   submitted that the petitioner is innocent and has falsely been

                   implicated. He was not arrested at the spot. Nothing was
           Patna High Court CR. MISC. No.4820 of 2026(3) dt.03-02-2026
                                                       2/2




                     recovered from his possession. His name has figured in

                     confessional statement of co-accused Sunny Kumar, who was

                     arrested by the police. The petitioner is under custody since

                     31.10.2025.

                                  5. On the other hand, the learned APP for the State has

                     opposed the prayer for bail by submitting that the petitioner is a

                     part of an organized gang, indulged in illegal game of satta. The

                     petitioner's shop was searched and he was found talking with

                     Gopal Kumar with gambling-related websites and on his mobile

                     phone, the website of gambling was open.

                                  6. Considering the above-mentioned facts and

                     circumstances, the petitioner doesn’t deserve the privileges for

                     bail. Accordingly, it is rejected.

                                  7. However, the petitioner, if so advised, may renew

                     his prayer for bail after six months from today.


                                          (Nawneet Kumar Pandey, J)

kundan/-

U      T


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