Patna High Court
Kaushal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a bail bond and sureties.
Summary
The petitioner, Kaushal Kumar, was arrested in connection with a cyber‑fraud case alleging that he helped operate a fake entity impersonating Jana‑Sri Microfinance Ltd. to cheat rural women, with charges under several sections of the Bihar Negotiable Instruments Act and the Information Technology Act. The petitioner contended that he was merely a job seeker, had no role in the fraud, and that no victim identified him. The prosecution opposed bail, citing the seriousness of the offences. The court examined the allegations, the petitioner’s clean antecedents, and the lack of direct evidence linking him to the fraud. It ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to his cooperation in the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the nature of the offences under the Bihar Negotiable Instruments Act and the IT Act
- Whether the prosecution evidence is sufficient to justify denial of bail
Legislation cited
- Bihar Negotiable Instruments Act — s. 111(2), 316(2), 318(4), 319(2), 336(3), 341(1), 341(2), 3(5), 61(2)
- Information Technology Act, 2000 — s. 66, 66(D)
Subjects
- bail
- cyber crime
- fraud
- microfinance
- Information Technology Act
- Bihar Negotiable Instruments Act
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67591 of 2025
Arising Out of PS. Case No.-29 Year-2025 Thana- Cyber P.S. District- Saharsa
======================================================
Kaushal Kumar S/O Surendra Yadav Resident of village- Khonha, P.S.- Bihra,
Distt.- Saharsa, Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subesh Sharma
For the State : Mr. Lalan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection with
Saharsa Cyber P.S. Case No. 29 of 2025, registered for the offences
punishable under 111(2), 316(2), 318(4), 319(2), 336(3), 341(1),
341(2), 61(2), 3(5) of the BNS and Section 66, 66(D) of I.T. Act.
3. As per the prosecution case, it is alleged that the
accused persons operated a fraudulent entity mimicking “Jana-Sri
Microfinance Ltd.” to cheat rural women under pretext of sanctioned
loans. It is further alleged that the accused used forged logos and
assumed false identities, supported by fabricated employee IDs to
facilitate recovery of illicit deposits.
4. The learned counsel for the petitioner has submitted that
the petitioner is innocent and has falsely been implicated in this case.
He has further submitted that during police investigation, police has
enquired from victims about the incidents, but no victim has taken
Patna High Court CR. MISC. No.67591 of 2025(3) dt.03-02-2026
2/2
name of the petitioner that he is involved in the act of fraud. The
petitioner received information that there is vacancy in Jana-Sri
Microfinance Ltd. and he, being unemployed, has went there for
finding job. He is nowhere involved in the fraud made by co-accused
Mithilesh Kumar and his team members and no such amount has
been taken or received by petitioner. The petitioner is a person of
clean antecedent and is in custody since 21.06.2025.
5. On the other hand, learned APP for the State opposed
the prayer for bail of the petitioner.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to furnish
bail bond and on doing so, the court below shall release the petitioner
on bail on furnishing bail bonds of Rs.10,000/- with two sureties of
the like amount each to the satisfaction of learned C.J.M., Saharsa in
connection with Saharsa Cyber P.S. Case No. 29 of 2025, subject to
the following conditions that the petitioner shall cooperate in the
disposal of trial and make himself available as and when required
by the court.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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