Patna High Court
NITIN KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted provisional bail to the petitioner subject to a bail bond of Rs 10,000, two sureties, and a payment schedule to the informant.
Summary
The petitioner, Nitin Kumar, was arrested in a cyber‑fraud case (Nalanda P.S. Case No. 50 of 2025) for alleged offences under IPC sections 406, 419, 420, 467, 468, 471 and 120(B). The prosecution alleged that he, along with co‑accused, induced a victim to transfer Rs 27,77,200 by promising government and private jobs, later supplying forged documents, a fake website and dishonoured cheques, and threatening the victim when a refund was demanded. The petitioner applied for regular bail, offering to pay Rs 4 lakhs to the victim, with Rs 1 lakh at the time of furnishing the bail bond and the balance in six monthly instalments. The State opposed the bail. The Court, after considering the facts, granted provisional bail on the condition of a Rs 10,000 bail bond with two sureties, and ordered the petitioner to pay Rs 1 lakh to the informant immediately and the remaining amount within six months.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences alleged under sections 406, 419, 420, 467, 468, 471 and 120(B) of the IPC.
- Whether the proposed payment to the informant and the conditions imposed affect the grant of bail.
- Whether provisional bail is appropriate in a cyber‑fraud and criminal conspiracy case.
Legislation cited
- Indian Penal Code — s. 120B, 406, 419, 420, 467, 468, 471
Subjects
- bail
- cyber crime
- fraud
- criminal conspiracy
- IPC
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69551 of 2025
Arising Out of PS. Case No.-50 Year-2025 Thana- Cyber P.S. District- Nalanda
======================================================
NITIN KUMAR Son of Vishwanath Singh R/o Village - Tikuli, P.S.-
Chakand, Distt.- Gaya, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Babulal Chaudhary Son of Jagdish Chaudhary Resident of Mahmadpur, Post
- Writer, P.S.- Giriyak, District - Nalanda, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prashant Saurabh
For the Opposite Party/s : Mr.Lakshmi Kant Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. In this case, the petitioner is seeking regular bail in
connection with Cyber Nalanda P.S. Case No. 50 of 2025, registered
for the offences punishable under Sections 406, 419, 420, 467, 468 &
471 and 120(B) of the IPC.
3. The prosecution case is that the accused persons
including the petitioner induced the informant by promising
government and private jobs on outsourcing basis. At this pretext, the
informant transferred a total amount of Rs. 27,77,200/- to the
accused at different times. The accused persons later provided fake
documents, a forged website, and issued cheques which were
dishonoured. Upon demanding refund, the informant was abused and
threatened.
4. The learned senior counsel for the petitioner has
Patna High Court CR. MISC. No.69551 of 2025(3) dt.03-02-2026
2/2
submitted that though the allegation is false and frivolous. A number
of persons have been made accused in the FIR. The petitioner is
ready to make payment of Rs. 4 lakhs to the informant and is ready
to make payment of Rs. 1 lakh at the time of furnishing of the bail
bond. The rest amount will be deposited within a period of six
months in equal monthly installments.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on
provisional bail on furnishing bail bonds of Rs.10,000/- with two
sureties of the like amount each to the satisfaction of learned Chief
Judicial Magistrate, Nalanda at Bihar Sharif in connection with
Cyber Nalanda P.S. Case No. 50 of 2025.
7. The bail bond shall be confirmed by the court below
itself after the full payment.
8. The petitioner shall make payment of Rs. 1 lakh to
the informant at the time of furnishing of the bail bond and rest
amount will be deposited within a period of six months in equal
monthly installments.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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