Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that the seriousness of the allegations and the material connecting the petitioner to the crime preclude the grant of regular bail.
Summary
The petitioner, Abhishek Kumar, applied for regular bail in a cyber‑fraud case registered under Sections 303(2), 319(2), 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(c) and 66(d) of the Information Technology Act. The prosecution alleged that he cheated an informant and withdrew money from the informant’s and his wife’s bank accounts. The petitioner claimed innocence and argued that he had been in custody since 17‑Nov‑2025 without sufficient evidence. The State opposed bail, contending that the allegations were serious and that investigation material linked the petitioner to the crime. The Court, after hearing both sides, found the allegations grave and declined to grant regular bail, thereby rejecting the bail application.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act in view of the seriousness of the alleged cyber‑fraud offences
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 318(4), 319(2)
- Information Technology Act — s. 66(c), 66(d)
Subjects
- regular bail
- cyber fraud
- Information Technology Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5787 of 2026
Arising Out of PS. Case No.-7 Year-2025 Thana- Cyber P.S. District- Rohtas
======================================================
Abhishek Kumar S/o Chhotan Paswan R/o Village - Faraspur, P.S.- Chiksaura,
District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Bharti
For the Opposite Party/s : Mr. Yogendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Rohtas (Cyber) P.S. Case No. 07 of 2025 registered for the
offence under Sections 303(2), 319(2) and 318(4) of the
Bharatiya Nyaya Sanhita, 2023 and Section 66(c) and 66(d) of
the IT Act.
3. As per the prosecution case, the petitioner is
accused of committing cyber fraud, cheating the informant and
withdrawing money from his account and his wife’s account.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 17.11.2025.
5. Per contra, learned counsel for the State
Patna High Court CR. MISC. No.5787 of 2026(3) dt.26-03-2026
2/2
vehemently opposes the bail application and submits that the
allegations against the petitioner are serious and grave in nature.
Sufficient material has come during the investigation to connect
the petitioner with the crime.
6. Considering the allegations levelled against the
petitioner, this Court is not inclined to grant regular bail to the
petitioner.
7. Accordingly, this application for regular bail stands
rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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