Created by Fuzzy Cloud

Patna High Court

Abhishek KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.