Patna High Court
Sumit Saurabh @ Sumit SauravversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner subject to a bail bond and conditions.
Summary
The petitioner, Sumit Saurabh, was arrested in connection with a cyber‑fraud case (Motihari Cyber P.S. Case No. 92 of 2025) and charged with multiple offences under the Bihar Narcotic Substances Act, the Information Technology Act and the Arms Act. The prosecution’s case is based on a confessional statement of a co‑accused and alleges that the petitioner received and converted defrauded money into cryptocurrency, with police recovering electronic devices, ATM cards and cash during a raid. The petitioner, claiming a clean antecedent and noting that co‑accused have been granted bail, sought regular bail after being in custody since 16‑06‑2025. The State opposed the bail application. The Court, after considering the facts, directed the petitioner to furnish a bail bond of Rs 10,000 with two sureties and ordered his release on bail subject to cooperation with the trial.
Issues considered
- What is the appropriate bail disposition for the petitioner given the nature and seriousness of the offences alleged under the B.N.S., IT Act and Arms Act?
Legislation cited
- Arms Act — s. 25(1-B), 26, 35
- B.N.S. — s. 111, 303(2), 317(4), 317(5), 318(4), 319(2), 336(3), 338, 340(2), 61(2)
- Information Technology Act — s. 66C, 66D
Subjects
- regular bail
- cyber fraud
- cryptocurrency
- IT Act
- Arms Act
- confessional statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70269 of 2025
Arising Out of PS. Case No.-92 Year-2025 Thana- Cyber P.S. District- East Champaran
======================================================
Sumit Saurabh @ Sumit Saurav S/o Sanjeev Singh R/o Village - Chandmari,
(Near Lal Bungalow), P.S -Motihari Town, District - East Champaran, Bihar
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. P.N. Shahi, Sr. Adv.
Mr. Dhananjay Kashyap, Adv.
Mr. Dayanand Singh, Adv.
For the Opposite Party/s : Mr.Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 08-01-2026 Heard the learned Senior counsel for the
petitioner as well as the learned Additional Public Prosecutor
for the State.
2. The petitioner is seeking regular bail in
connection with Motihari Cyber P.S. Case No. 92 of 2025
registered for the offences punishable u/ss 318(4), 319(2),
338, 336(3), 340(2), 303(2), 61(2), 317(5), 317(4) and 111 of
the B.N.S. and Sections 66C and 66D of the I.T. Act and
Sections 25(1-B) 26 and 35 of the Arms Act.
3. The prosecution case, in brief, is that during
investigation of a cyber fraud case on the basis of Pratibimb
Portal, the petitioner Sumit Saurabh@ Sumit Saurav was
implicated on the basis of the confessional statement of co-
accused. It is alleged that defrauded money was routed
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through several persons and that the petitioner had received
part of such amount. During raid at his house, police allegedly
recovered laptops, mobile, ATM cards, passbooks, cheque
books, cash and other articles. It is further alleged that the
petitioner converted the defrauded money into
USDT/cryptocurrency and named other persons as involved
in the transaction.
4. Mr. P.N. Shahi, the learned Senior Counsel for the
petitioner has submitted that co-accused Dipanshu Pandey,
who was arrested at the spot, has been granted bail by a co-
ordinate Bench of this Court. Co-accused Pappu Kumar, who
was arrested with incriminating articles, has also been granted
bail. The other co-accused persons have been granted either
regular bail or anticipatory bail. The petitioner is a person of
clean antecedent and has been in custody since 16.06.2025.
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, is directed to
furnish bail bond and on doing so, the court below shall
release the petitioner on bail on furnishing bail bonds of
Rs.10,000/- with two sureties of the like amount each to the
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satisfaction of learned ACJM-IV, East Champaran, Motihari
in connection with Motihari Cyber P.S. Case No. 92 of 2025,
subject to the following conditions that the petitioner shall
cooperate in the disposal of trial and make himself
available as and when required by the court.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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