Created by Fuzzy Cloud

Patna High Court

Deepak Kumar @ AaravversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to the conditions stipulated under Section 438(2) of the CrPC and Section 482 of the BNSS.

Summary

The petitioner, Deepak Kumar, sought relief fearing arrest in a cyber‑police case alleging cheating of Rs.2,00,000 using the informant's thumb impression under Sections 316(2) and 318(4) of the Bihar Negotiable Instruments Act. The prosecution alleged the fraud, while the petitioner claimed innocence and expressed willingness to return the money. The court, after hearing, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to deposit a demand draft of Rs.50,000 to the informant. The remaining Rs.1,50,000 must be paid in equal monthly installments over three months, with default leading to cancellation of bail. The order was made under Section 438(2) of the CrPC and Section 482 of the BNSS.

Issues considered

  • Whether bail should be granted to the petitioner in a case of alleged cheating under Sections 316(2) and 318(4) of the Bihar Negotiable Instruments Act.
  • Whether the conditions imposed, including monetary deposits and installment payments, are permissible under Section 438(2) CrPC and Section 482 BNSS.

Legislation cited

Subjects

  • bail
  • cyber crime
  • cheating
  • thumb impression fraud
  • Section 438 CrPC
  • Section 482 BNSS
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69404 of 2025
                        Arising Out of PS. Case No.-2 Year-2025 Thana- Cyber P.S. District- Bhojpur
                 ======================================================
                 Deepak Kumar @ Aarav S/o Dinesh Singh R/o Village - Neknam Tola, P.S -
                 Barhara, District - Bhojpur

                                                                                      ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar Bihar
           2.    Vivekanand Upadhya, S/O- Lakshuman                      Upadhya,      R/O     -Village-
                 Babhangawa , Post-Gundi, P.S.-Krishnagadh

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Niraj Kumar Singh
                 For the Opposite Party/s :        Mr.Ram Sumiran Rai
                                                   Mr. Dineshwar Mishra
                                                   Mr. Surendra Mishra
                                                   Mr. Rajiv Ranjan Pandey
                                                   Ms. Rachna Shukla
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   26-02-2026                      Heard the parties.

                                    2.        The petitioner apprehends his arrest in

                   connection with Cyber Police Station Case No. 02 of 2025

                   registered for the offence under Section 316(2), 318(4) of the

                   BNS and under

                                    3. As per the prosecution case, the petitioner is

                   alleged to have cheated the informant of Rs. 2,00,000/- by using

                   the thumb impression of the informant.

                                    4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. He further submits that the
Patna High Court CR. MISC. No.69404 of 2025(5) dt.26-02-2026
                                            2/3




          petitioner, without accepting his guilt, is ready to return Rs.

          2,00,000/- to the informant.

                          5. Considering the aforesaid facts, this application

          is allowed.

                           6. Let the petitioner, above named, in the event of

          his arrest or surrender before the concerned Court below within

          four weeks from today, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned chief Judicial

          Magistrate,      Bhojpur       at Ara/concerned      Court   below   in

          connection with Cyber P.S. Case No. 02 of 2025, subject to the

          conditions laid down in Section 438(2) of the Code of Criminal

          Procedure, 1973 / Section 482 of the BNSS.

                          7. As a condition of this order, the petitioner will

          bring a demand draft of Rs. 50,000/- in the name of the

          informant at the time of furnishing his bail bonds and thereafter

          his bail bonds shall be accepted by the Court below. It is made

          clear that rest of the balance amount i.e. Rs. 1,50,000/- shall be

          paid to the informant in equal monthly installments in the next

          three months.

                       8. It is also made clear that any default in payment of

          the monthly installment amount will result in automatic
          Patna High Court CR. MISC. No.69404 of 2025(5) dt.26-02-2026
                                                      3/3




                    cancellation of the bail bonds of the petitioner.



                                                            (Sandeep Kumar, J)
Vikas/-

U


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.