Patna High Court
Bipul Kumar @ Vipul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted because there was no prima facie evidence linking the petitioner to the alleged cyber‑fraud, the sole basis being a co‑accused’s confession.
Summary
The petitioner, Bipul Kumar, was arrested in connection with a cyber‑fraud case (Cyber P.S. Case No. 51 of 2024) alleging receipt of Rs 3,99,000 and charged under several sections of the Bihar Negotiable Instruments Act and Sections 66/66(D) of the Information Technology Act. He was not named in the FIR; his alleged involvement stemmed solely from a confessional statement of co‑accused Aman, and no incriminating material was recovered linking him to the offence. The petitioner, represented by senior counsel, argued that he has a clean antecedent, the investigation is complete, and there is no risk of evidence tampering, thus seeking bail. The State opposed the bail application. The court observed that the only basis for the accusation was the co‑accused’s confession and, in the absence of any prima facie material, ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted when the only evidence against the petitioner is a co‑accused’s confessional statement and no material evidence links him to the offence.
- Whether the completion of investigation and the duration of custody justify denial of bail.
- Whether Section 480(3) of the Bihar Negotiable Instruments Act applies to the bail conditions in this case.
Legislation cited
- Bihar Negotiable Instruments Act — s. 303(2), 308(2), 318(4), 319(2), 480(3), 61(2)
- Information Technology Act, 2000 — s. 66, 66(D)
Subjects
- bail
- cyber fraud
- confessional statement
- prima facie evidence
- Information Technology Act
- Bihar Negotiable Instruments Act
- investigation completed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52224 of 2025
Arising Out of PS. Case No.-51 Year-2024 Thana- Cyber P.S. District- Nawada
======================================================
Bipul Kumar @ Vipul Kumar S/o Dilip Singh Resident of Dhardhura, P.S.-
Jandaha, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vindhya Keshari Kumar, Sr. Adv.
Mr. Ravi Shankar Pathak, Adv.
For the Opposite Party/s : Mr. Tarun Prasad Mandal, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 06-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Cyber P.S. Case No. 51 of 2024 registered for the
offences under Sections 303(2), 308(2), 61(2), 319(2)
and 318(4) of the BNS and Section 66/66(D) of the I.T.
Act.
3. The petitioner is not named in the F.I.R. and
is in custody since 29.03.2025.
4. The allegation against the petitioner is to
involve in cyber fraud, where he received Rs. 3,99,000/-
to his bank account no. 923020004041317.
Patna High Court CR. MISC. No.52224 of 2025(4) dt.06-02-2026
2/3
5. Learned counsel appearing on behalf of the
petitioner submitted that entire issue is arising out of
online trading, where thrust of allegation is available
against other co-accused person. It is submitted that
name of petitioner transpired on the basis of confessional
statement of co-accused Aman, in furtherance of which
no incriminating material recovered during investigation
as to connect petitioner prima-facie with present crime in
question. While concluding the argument it is submitted
that, petitioner is a man of clean antecedent and
moreover, investigation of this case has already
completed, and as such, there is no chance of tampering
with the evidence.
6. Learned APP opposes the prayer of bail.
7. In view of aforesaid factual submission and by
taking note of fact as save and except suspicion arising
out confessional statement of co-accused prima-facie
nothing incriminating material recovered during
investigation as to connect petitioner prima-facie with
Patna High Court CR. MISC. No.52224 of 2025(4) dt.06-02-2026
3/3
present crime in question, coupled with fact as
investigation of this case already completed where
petitioner remains in custody since 29.03.2025,
accordingly petitioner above named, is directed to be
released on bail in connection with Cyber P.S. Case No.
51 of 2024 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned JM 1 st Class,
Nawada /concerned court, subject to the conditions as
mentioned under Section 480(3) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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