Patna High Court
Sachin AgrawalversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court refused to grant bail, dismissing the petitioner's application.
Summary
Sachin Agrawal was charged with cheating Rs.1.95 crore through a cyber fraud scheme, alleged to have transferred the money to accounts of accomplices and deleted transaction records. He faces charges under Sections 316(2) and 318(4) of the B.N.S. and Sections 66(c) and 66(d) of the Information Technology Act. The petitioner applied for regular bail for the second time after an earlier bail denial, arguing that he has only one prior criminal antecedent and that charges have been framed. The court noted the seriousness of the offences, the petitioner’s self‑inculpatory statements, the commencement of trial, and the risk of tampering with evidence, and therefore found no ground to revisit its earlier order. Consequently, the bail application was dismissed and the Superintendent of Police was directed to ensure the appearance of a witness in the trial.
Issues considered
- Whether regular bail should be granted to the petitioner in a case involving alleged cyber fraud and serious offences under the B.N.S. and the Information Technology Act.
Legislation cited
- B.N.S. — s. 316(2), 318(4)
- Information Technology Act, 2000 — s. 66(c), 66(d)
Subjects
- regular bail
- cyber fraud
- Information Technology Act
- Section 66(c)
- Section 66(d)
- criminal procedure
- witness appearance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6670 of 2026
Arising Out of PS. Case No.-8 Year-2025 Thana- Cyber P.S. District- Bhojpur
======================================================
Sachin Agrawal S/O Naresh Kumar Agrawal Resident of Jora Bagan Street,
P.O.- Biden Street P.S- Jorabagan Street, District- Kolkata, West Bengal-
700006.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.N.K.Aggarwal, Sr. Advocate
Mr.Dr. Bidhu Ranjan, Advocate
For the Opposite Party/s : Mr.Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-02-2026 Heard Mr. N.K. Aggarwal, learned Senior Counsel
for the petitioner and Mr. Tapeshwar Sharma, learned A.P.P. for
the State.
2. This is the second attempt of the petitioner for
grant of regular bail in connection with Bhojpur Cyber P.S. Case
No. 08 of 2025 registered for the offence under Sections 316(2),
318(4) of the B.N.S. and Sections 66(c), 66(d) of the
Information Technology Act. Earlier the bail application of the
petitioner was rejected vide order dated 15.05.2025 passed in
Cr. Misc. No. 30694 of 2023 which reads as under:-
Heard learned counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks regular bail in
connection with Bhojpur Cyber P.S. Case No. 8 of
Patna High Court CR. MISC. No.6670 of 2026(2) dt.16-02-2026
2/3
2025 registered for the offence under Sections
316(2), 318(4) of the BNS and under Sections 66(c),
66(d) of the I.T. Act.
3. As per the prosecution case, the
petitioner is accused of cheating Rs. 1,95,50,000/-.
The cheated money has been transferred in the
accounts of different mules and the details of the
account have been deleted by the petitioner when the
police had called him for interrogation.
4. The mobile phone and motorcycle of
the petitioner have also been seized. The petitioner
along with one Deepanshu Gupta and Raksh Sah
had got the company registered and got the money
transferred in those accounts earned through cyber
fraud.
5. The petitioner has also given the self-
inculpatory statement in Paragraph 30 of the case
diary. The co-accused Rakesh Sah has also
confessed his guilt. The petitioner was working for
Deepanshu Gupta, Rakesh Sah, Upendra Kr. Singh,
Dablu Kr. Singh and Vishwajeet Sah.
6. Considering the serious allegations of
cyber fraud against the petitioner, this Court is not
inclined to grant bail to the petitioner.
7. Accordingly, this application is
dismissed.
3. It has been submitted by the learned Senior Counsel
for the petitioner that petitioner has one criminal antecedent and
he is in custody since 13.02.2025. Learned Senior Counsel
further submits that charges have been framed.
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4. Considering the gravity of offence and the fact that
trial has started, this Court finds no ground to review its earlier
order.
5. Accordingly, this application is dismissed again.
6. The Superintendent of Police, Bhojpur is directed
to ensure the appearance of the witness in the trial.
7. Let a copy of this order be communicated through
FAX or e-mail to Superintendent of Police, Bhojpur for its
compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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