Created by Fuzzy Cloud

Patna High Court

Kaushal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.