Patna High Court
Chandan Kumar @ Chandan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court denied bail to the petitioners, holding that bail could not be granted at this stage.
Summary
The petitioners, a group of individuals from Banka district, were arrested in connection with a cyber fraud alleged to have been perpetrated through the online platform 'WIN ADDA'. During a police raid, mobile phones, ATM cards, SIM cards, a laptop and two motorcycles were seized from their possession. The petitioners contended that the seized items were their bona fide property and that no incriminating material had been found, seeking bail under Sections 336(3), 340(2), 318(3), 318(4), 111(3), 111(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66C, 66D of the Information Technology Act. The State opposed bail, arguing that the accused were involved in cyber fraud and should not be granted the privilege of bail. The Court, after considering the facts and the fact that the recovery was made from the petitioners' possession, declined to grant bail, directing that the petitioners may renew their bail application after the charge is framed.
Issues considered
- Whether bail should be granted to the accused in a cyber fraud case where the seized articles were found in their possession and only suspicion and a confessional statement exist.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111(3), 111(4), 318(3), 318(4), 336(3), 340(2)
- Information Technology Act — s. 66C, 66D
Subjects
- cyber fraud
- bail
- Information Technology Act
- Bharatiya Nyaya Sanhita
- seizure of property
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91964 of 2025
Arising Out of PS. Case No.-28 Year-2025 Thana- Cyber P.S. District- Banka
======================================================
1. Vikas kumar son of Ram Das Yadav Resident of village Barbasini, Police
Station-Katoria, District- Banka.
2. Dilip Kumar Son of Binod Yadav Resident of village Pipradih, Police
Station-Katoria. District- Banka.
3. Manish Kumar Son of Ajay Yadav Resident of village - Pipradih, Police
Station-Katoria,District- Banka.
4. Chandra Shekhar Yadav Son of Late Daho Yadav Resident of village-
Mothbadi, Police Station- Katoria, District- Banka.
5. Pradip Kumar Son of Sunil Yadav Resident of village - Doodhi Jharna,
Police Station-Odhani Dame, District- Banka.
... ... Petitioners.
Versus
The State of Bihar. ... ... Opposite Party.
======================================================
WITH
CRIMINAL MISCELLANEOUS No. 496 of 2026
Arising Out of PS. Case No.-28 Year-2025 Thana- Cyber P.S. District- Banka
======================================================
Chandan Kumar @ Chandan Kumar Yadav S/O Hira Yadav Resident of
village - Belatikar, P.S- Jasidih, District- Deoghar(Jharkhand)
... ... Petitioner.
Versus
The State of Bihar. ... ... Opposite Party.
======================================================
WITH
CRIMINAL MISCELLANEOUS No. 711 of 2026
Arising Out of PS. Case No.-28 Year-2025 Thana- Cyber P.S. District- Banka
======================================================
Baidyanath Yadav @ Baidnath Kumar @ Baijdyanath Kumar @ Baijnath
Kumar @ Baijdyanath Yadav Son of Tarni Yadav Resident of Village-
Barbasini, P.S.- Katoria, District- Banka. ... ... Petitioner.
Versus
The State of Bihar. ... ... Opposite Party.
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 91964 of 2025)
For the Petitioners : Mr. N. K. Agrawal, Sr. Advocate
Mr. Md.Najmul Hodda, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
(In CRIMINAL MISCELLANEOUS No. 496 of 2026)
For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate
Mr. Md.Najmul Hodda, Advocate
For the Opposite Party/s : Mr.Ajay Kumar No.2, APP
(In CRIMINAL MISCELLANEOUS No. 711 of 2026)
For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate
Patna High Court CR. MISC. No.91964 of 2025(5) dt.24-02-2026
2/3
Mr. Md.Najmul Hodda, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 24-02-2026 As all these bail applications arise out of the same
police station case number, with consent of all the parties, they
have been heard together for final disposal at this stage itself.
2. Heard Mr. N.K. Agrawal, learned senior counsel
assisted by Md. Najmul Hodda for the petitioners and learned
APP for the State.
3. The petitioners seek bail in a case registered for the
offence punishable under Sections 336(3), 340(2), 318(3),
318(4), 111(3) and 111(4) of the Bharatiya Nyaya Sanhita, 2023
and Sections 66 (C) and 66 (D) of the I.T. Act.
4. As per the prosecution case, all these petitioners
are engaged in cyber fraud through the online platform ‘WIN
ADDA’. During the raid, several mobile phones, ATM cards,
SIM cards, a laptop and two motorcycles were recovered.
5. It is submitted by learned counsel for the petitioners
that recovery of mobile phones, ATM cards and other articles
have been made from the possession of these petitioners,
however they are bona fide owners of the said articles. It is
further submitted that no incriminating material has been
collected against them during the course of investigation but on
Patna High Court CR. MISC. No.91964 of 2025(5) dt.24-02-2026
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mere suspicion and on confessional statement of petitioner,
Vikas Kumar, all these petitioners are in custody since
08.11.2025 and chargesheet has been submitted.
6. Learned APP for the State vehemently
opposing the bail petition submitted that these petitioners are
engaged in cyber fraud, as such they do not deserve the
privilege of bail.
7. Taking into consideration the facts and
circumstances of the case and considering the fact that recovery
has been made from the possession of the petitioners, I am not
inclined to enlarge the petitioners on bail. The prayer for bail is
hereby rejected. However, the petitioners would be at liberty to
renew their prayer for bail after framing of charge.
(Soni Shrivastava, J)
Trivedi/-
U T
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