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Patna High Court

Chhotu Kumar @ Ajay KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail is not granted to the petitioner.

Summary

The petitioner, Chhotu Kumar, sought anticipatory bail fearing arrest in a cyber‑crime case (Case No. 85 of 2025) involving alleged online loan fraud. The prosecution alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023, based largely on a confessional statement of a co‑accused and the recovery of a mobile phone from that co‑accused. The petitioner contended that he was falsely implicated, that no specific overt act was alleged against him, and that he had no criminal antecedents. The State opposed the bail application, emphasizing the seriousness of the offences. The Court, after considering the nature and gravity of the alleged offences and the lack of concrete evidence directly linking the petitioner, held that the case was not suitable for anticipatory bail and rejected the petition.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita, 2023 in the present cyber‑crime case
  • Whether the confessional statement of a co‑accused and the recovery of a mobile phone constitute sufficient grounds to deny anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • cyber crime
  • online loan fraud
  • confessional statement
  • Bharatiya Nyaya Sanhita
  • high court
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62874 of 2025
                       Arising Out of PS. Case No.-85 Year-2025 Thana- Cyber P.S. District- Nawada
                 ======================================================
                 Chhotu Kumar @ Ajay Kumar S/O Matlu Singh @ Amit Kumar R/O Village-
                 Kunj, P.S.- Roh, District- Nawada
                                                                      ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Deepak Kumar, Advocate
                 For the Opposite Party/s :        Mr.Choubey Jawahar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   09-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Cyber P.S. Case No. 85 of 2025, instituted for the offences

                   under Sections 303(2), 318(2), 318(4), 319(2), 336(2), 336(3),

                   338, 340(2), 111 and 61(2) of the Bharatiya Nyaya Sanhita,

                   2023.

                               3. The prosecution case, in short, is that on getting an

                   information about online loan fraud, the police raided Kunj

                   Garden and apprehended four suspects while three fled away.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. The

                   name of the petitioner transpired in this case on the basis of

                   confessional statement of co-accused. Learned counsel for the
           Patna High Court CR. MISC. No.62874 of 2025(3) dt.09-02-2026
                                                       2/2




                     petitioner submitted that general and omnibus allegation has

                     been made against the petitioner. No specific overt act is alleged

                     against the petitioner. The alleged mobile has been recovered

                     from the co-accused. It has been submitted on behalf of the

                     petitioner that the petitioner has no criminal antecedent.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, nature and gravity of offence, in my view, this is not

                     a fit case for anticipatory bail.

                                  7. Accordingly, the prayer for grant of anticipatory

                     bail to the petitioner is, hereby, rejected.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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