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Patna High Court

Chunnu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioners.

Summary

The petitioners, Chunnu Kumar and Sintu Kumar, sought anticipatory bail fearing arrest in a cyber fraud case involving fake loan advertisements. The prosecution alleged that they, along with others, participated in organized cyber fraud, with digital devices, cash and documents seized during a raid. The petitioners contended they were innocent, had no incriminating material in their possession, and possessed clean antecedents. The State opposed the bail, emphasizing the specific accusations and the gravity of the offences listed under the B.N.S. and the Information Technology Act. Considering the direct nature of the accusations and seriousness of the offences, the court rejected the petition for anticipatory bail.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure given the allegations under the B.N.S. and the Information Technology Act.

Legislation cited

Subjects

  • anticipatory bail
  • cyber fraud
  • Information Technology Act
  • Section 66
  • Section 66C
  • Section 66D
  • bail jurisprudence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6153 of 2026
                       Arising Out of PS. Case No.-77 Year-2025 Thana- Cyber P.S. District- Nalanda
                 ======================================================
           1.     Chunnu Kumar S/o- Dasharath Yadav Village- Sundarpur PS- Katarisarai
                  District- Nalanda
           2.    Sintu Kumar S/o- Dasharath Yadav Village- Sundarpur PS- Katarisarai
                 District- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners      :        Mr. Pramod Kumar Sinha, Advocate
                 For the State            :        Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 303(2),

                   316(2), 318(4), 319(2), 217(2), 336(3), 330, 340(2), 61(2) and

                   3(5) of the B.N.S. and Sections 66, 66(C) and 66(D) of the I.T.

                   Act.

                                3. The prosecution case, in brief, is that these

                   petitioners, along with other accused persons, are indulged in

                   cyber fraud whereby fake loan advertisement were circulated

                   and victims were deceived into paying money. Multiple digital

                   devices, cash and other documents were recovered by the
             Patna High Court CR. MISC. No.6153 of 2026(2) dt.04-02-2026
                                                         2/2




                       raiding team.

                                    4. It is submitted by learned counsel appearing on

                       behalf of the petitioners that petitioners are quite innocent and

                       have committed no offence. No incriminating article were

                       recovered from possession of these petitioners and they have

                       falsely been implicated in this case merely on suspicion.

                       Petitioners claim clean antecedents.

                                    5. On the other hand, learned A.P.P. for the State has

                       vehemently opposed the prayer for grant of anticipatory bail to

                       the petitioners and submitted that petitioners are named in the

                       F.I.R. with specific accusation that they, along with other

                       accused persons, are indulged in organized cyber fraud and

                       various documents, digital devices and cash were recovered

                       during raid.

                                    6. Considering the facts and circumstances of the

                       case, specific and direct nature of accusation and gravity of

                       offence, the prayer for grant of anticipatory bail to the

                       petitioners is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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