Patna High Court
Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
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
- Bihar Narcotic Substances Act — s. 111(2)(b), 114(4), 297, 318(4), 319(2), 3(5)
- Information Technology Act, 2000 — s. 66C, 66D
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
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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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