Patna High Court
Deepak Kumar @ AaravversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Negotiable Instruments Act (BNSS) — s. 316(2), 318(4), 482
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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cancellation of the bail bonds of the petitioner.
(Sandeep Kumar, J)
Vikas/-
U
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