Patna High Court

Gopal KumarversusThe State of Bihar

Decided: 9 January 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The Court granted bail to the petitioner, finding no prima facie evidence of guilt.

Summary

Gopal Kumar was named in an FIR for alleged cyber fraud under several provisions of the Bhartiya Nyay Sanhita, 2023 and the Information Technology Act. The prosecution’s case rested mainly on a disclosure by a co‑accused, with no electronic trail or other incriminating material found against the petitioner. The petitioner sought bail, arguing that the investigation yielded no prima facie evidence. The State opposed bail. The Court observed that, apart from the co‑accused’s disclosure, there was no substantive evidence linking the petitioner to the offences and therefore granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNS.

Issues considered

Whether bail should be granted in a cyber‑fraud case where the investigation has produced no electronic or material evidence against the accused.
Whether the suspicion arising solely from a co‑accused’s statement suffices to deny bail under the provisions of the BNS and Cr.P.C.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)
Information Technology Act — s. 66, 66-C, 66-D

Subjects

bail
cyber fraud
electronic evidence
Information Technology Act
Bhartiya Nyay Sanhita
Criminal Procedure Code
suspicion
prima facie evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64138 of 2025
                       Arising Out of PS. Case No.-60 Year-2025 Thana- Cyber P.S. District- Nalanda
                 ======================================================
                 Gopal Kumar, Son of Late Girish Singh, Resident Of Village-Barandi P.S.-
                 Katrisarai, District- Nalanda
                                                                           ... ... Petitioner
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sunil Kumar, Advocate
                 For the Opposite Party/s :        Mr. Rajiv Nayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   09-01-2026                    Heard the parties.

                                2. The accused/petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Nalanda Cyber

                   P.S. Case No. 60 of 2025 registered for the offences

                   punishable under Sections 111(2), 303(2), 316(2), 318(4),

                   319(2), 336(3), 338, 340(2), 61(2) read with 3(5) of the

                   Bhartiya Nyay Sanhita, 2023 (in short ‘BNS’) and Sections

                   66, 66-C, 66-D of the Information and Technology Act.

                                3. The allegation against petitioner is to cheat

                   innocent people along with other co-accused persons by

                   committing cyber fraud.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that initially one mobile number was
Patna High Court CR. MISC. No.64138 of 2025(3) dt.09-01-2026
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          found involved in alleged cyber fraud i.e., 9038959173 on

          the basis of which, police conducted raid in the house situated

          at village-Barandi of co-accused and apprehended Bihari

          Kumar. It is pointed out that on the basis of disclosure as

          made by apprehended co-accused Bihari Kumar, this

          petitioner was implicated, against whom, neither any

          electronic trail nor any incriminating circumstance/material

          surfaced during the course of investigation, which is almost

          completed on every aspects. While concluding argument, it is

          submitted that petitioner found involved in one more criminal

          case, where he is on bail.

                       5. Learned APP opposes the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact that as save and except suspicion arising

          out of disclosure, prima-facie nothing incriminating appears

          out of investigation against petitioner, accordingly, petitioner,

          above-named, in the event of his arrest or surrender before

          the court below within a period of four weeks, is directed to be

          released on bail on furnishing bail bond of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount
           Patna High Court CR. MISC. No.64138 of 2025(3) dt.09-01-2026
                                                       3/3




                     each to the satisfaction of the learned Chief Judicial

                     Magistrate, Nalanda at Biharsharif/concerned Court where the

                     case is pending in connection with Nalanda Cyber P.S. Case

                     No. 60 of 2025, subject to the conditions as laid down under

                     Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.


                                                             (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T

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