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Patna High Court

NITIN KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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