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Patna High Court

Dharmendra KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioner.

Summary

The petitioner, Dharmendra Kumar, was named in an FIR for alleged cyber fraud and related offences under the Bhartiya Nyaya Sanhita, 2023 and the Information Technology Act, 2000. He applied for anticipatory bail, contending that his involvement was inferred solely from a co-accused's statement and that the shop alleged to be the source of incriminating material was actually rented to his cousin. He further argued that the alleged forged documents were not proven prima facie. The prosecution opposed the bail, emphasizing the recovery of material from the shop owned by the petitioner and the ongoing investigation. The High Court, after considering the submissions, rejected the petitioner's anticipatory bail application, holding that the circumstances warranted continued custody.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under the charges of cyber fraud and related offences?

Legislation cited

Subjects

  • anticipatory bail
  • cyber fraud
  • B.N.S.
  • IT Act
  • forgery
  • investigation
  • shop ownership

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.486 of 2026
                      Arising Out of PS. Case No.-35 Year-2025 Thana- Cyber P.S. District- Lakhisarai
                 ======================================================
                 Dharmendra Kumar S/o- Late Dayanand @ Dayanand Ram R/v- Purani Bazar
                 PS- Dist- Lakhisarai, P/A- Kakrauri Ps- Halsi Dist- Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Ravindra Kumar Shukla
                 For the Opposite Party/s :         Mr.Anil Kumar Singh No. 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Lakhisarai Cyber

                   P.S. Case No.35 of 2025 registered for the offences

                   punishable under Sections 340(2), 338, 336(3), 318(4),

                   61(1) of the Bhartiya Nyaya Sanhita, 2023 (for short

                   ‘B.N.S.’) as well as Sections 66-C and 66-D of the

                   Information and Technology Act, pending in the court of

                   learned Chief Judicial Magistrate, Lakhisarai.

                                3. Allegation against the petitioner is to involve in

                   cyber fraud alongwith other co-accused persons and thus, by
Patna High Court CR. MISC. No.486 of 2026(2) dt.09-02-2026
                                            2/3




          cheated several innocent persons by creating forged

          documents, etc.

                       4. It is submitted by learned counsel appearing for

          the petitioner that name of this petitioner transpired on the

          basis of disclosure made by apprehended co-accused Sourabh

          Kumar and merely as he is the owner of the shop namely, M/s

          King Photoshop, he was implicated in the present case. It is

          submitted that in fact the shop in issue was given on rent to

          his cousin brother and nothing transpired till now during

          investigation that this petitioner was under knowledge

          regarding illegal activities, as alleged.

                       5. It is further submitted that allegation qua

          preparation of seized matriculation certificate and other

          personal documents cannot be said to be forged much before

          expert scientific finding, and therefore, the allegation also not

          appears prima facie                  convincing. Explaining criminal

          antecedent, it is submitted that petitioner found involved in

          one more criminal case, in which he is on bail.

                       6. Learned APP opposed the prayer of anticipatory

          bail of the petitioner.
           Patna High Court CR. MISC. No.486 of 2026(2) dt.09-02-2026
                                                       3/3




                                  7. In view of aforesaid factual submission and by

                     taking note of the fact as shop in issue from where

                     incriminating materials in connection with alleged cyber fraud

                     was recovered, owned by this petitioner, coupled with the fact

                     that investigation of this case is still open, accordingly, prayer

                     of anticipatory bail of the petitioner stands rejected.


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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