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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

The petitioner, Deepak Kumar, a 22‑year‑old with no prior criminal record, was arrested in connection with a cyber‑fraud case involving alleged recovery of a smartphone with a fake SIM card. He was charged under multiple sections of the B.N.S. and Section 66B of the Information Technology Act. While the other co‑accused had already been released on bail by a coordinate bench, the petitioner remained in custody since 27 May 2025 despite the charge‑sheet being filed. The petitioner’s counsel argued that the seizure was irregular and that the prolonged detention was unjustified. The State opposed bail on the ground that the offence was cyber fraud. Considering the lack of antecedents, the grant of bail to co‑accused, and the procedural concerns, the Court ordered bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding appearance, family surety, and cancellation if the petitioner is implicated in another cyber‑fraud case.

Issues considered

  • Whether bail should be granted in a cyber‑fraud case under Sections 319(2), 318(4), 338, 336(3), 340(2), 111(4), 61(2), 3(5) of the B.N.S. and Section 66B of the IT Act.
  • Whether the petitioner’s prolonged custody and lack of criminal antecedents justify bail.
  • Whether procedural lapses in the seizure and search affect the bail decision.

Legislation cited

Subjects

  • bail
  • cyber fraud
  • Information Technology Act
  • Section 66B
  • criminal procedure
  • seizure
  • custody
  • co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.68325 of 2025
                    Arising Out of PS. Case No.-277 Year-2025 Thana- WARISLIGANJ District- Nawada
                 ======================================================
                 Deepak Kumar S/o Rajendra Paswan R/o Village - Paingari, P.s -
                 Warisaliganj, Nawada, Bihar
                                                                   ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rishav Dev
                 For the Opposite Party/s :      Mr. Ram Sumiran Rai
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   26-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 319(2), 318(4), 338, 336(3),

                   340(2), 111(4), 61(2), 3(5) of the B.N.S. and Section 66(B) of

                   I.T. Act.

                                3. Petitioner is said to have committed cyber fraud by

                   phone calls.

                                4. Learned counsel for the petitioner has submitted

                   that the petitioner has been made an accused in this case upon

                   allegations of committing some cyber fraud. A false recovery of

                   one smart phone with fake sim card has been shown from the

                   possession of this petitioner, however, it has been stated that 9 to

                   10 persons who were present threw their a mobile phones and

                   started fleeing away out of which only five persons were
Patna High Court CR. MISC. No.68325 of 2025(3) dt.26-02-2026
                                            2/3




          apprehended. Further, there is no independent witness on the

          seizure list indicating that the mandatory provisions of search

          and seizure have also been violated. It is further submitted that

          the other four accused persons who were apprehended along

          with the petitioner have been granted bail by a coordinate Bench

          of this Court vide order dated 18.11.2025 passed in Cr. Misc.

          No. 56538 of 2025. Further, the petitioner, a young boy aged

          about 22 years, with no criminal antecedent, is languishing in

          custody since 27.05.2025 and charge-sheet has been submitted.

                       5. Learned APP for the State has opposed the

          application for bail on the ground of present case being one of

          cyber fraud.

                           6. Taking into consideration the facts and

          circumstances and also considering the fact that the other co-

          accused persons have been granted bail by a coordinate Bench

          of this Court and the petitioner is also in custody for long with

          no criminal antecedent and charge-sheet has been submitted, let

          the above named petitioner, be enlarged on bail on furnishing

          bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          court below where the case is pending/successor court in

          connection with Warisaliganj P.S. Case No.277 of 2025, subject
             Patna High Court CR. MISC. No.68325 of 2025(3) dt.26-02-2026
                                                         3/3




                       to the conditions that:

                                        (I) One of the bailors will be a family

                       member/close relative.

                                        (II) The petitioner shall appear on each and every

                       date till conclusion of trial and if the petitioner does not appear

                       on two consecutive dates without any substantial and

                       satisfactory reason, the learned court below would be at liberty

                       to cancel his bail bonds.

                                        (III) In case the petitioner is found to be made an

                       accused in any other case of cyber fraud, the learned court

                       concerned would take steps to cancel the bail bonds granted to

                       the petitioner in the present case.



                                                 (Soni Shrivastava, J)
devendra/-

U      T


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