Patna High Court
Amit Kumar @ Amit Kumar Singh @ Gunnu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner on the condition of a bond and sureties, as there was insufficient evidence of his participation in the alleged cyber‑fraud.
Summary
The petitioner, Amit Kumar, was arrested in connection with a cyber‑fraud case (Saran Cyber P.S. Case No.75 of 2025) alleging that he helped open a bank account using the personal details of an informant’s son, which was later used for fraudulent transactions. The petitioner argued that the account opening form bore the informant’s son’s signature and phone number, and that a confessional statement showed the son voluntarily provided his details to a third party, not the petitioner. The prosecution could not produce evidence of any transactions made by the petitioner, and he had no prior criminal record. Considering the lack of material linking the petitioner to the alleged transactions, the court decided to grant bail. The bail was conditioned on a bond of Rs.10,000 with two sureties, one of whom must be a close relative, and the petitioner’s presence at trial dates.
Issues considered
- What is the appropriate bail consideration under sections 318(4) and 319(2) of the Bihar Negotiable Instruments Act and sections 66C and 66D of the Information Technology Act?
- Whether the absence of evidence of the petitioner’s involvement in the alleged transactions justifies granting bail?
Legislation cited
- Bihar Negotiable Instruments Act — s. 318(4), 319(2)
- Information Technology Act, 2000 — s. 66C, 66D
Subjects
- bail
- cyber fraud
- Information Technology Act
- bank account fraud
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71803 of 2025
Arising Out of PS. Case No.-75 Year-2025 Thana- Cyber P.S. District- Saran
======================================================
Amit Kumar @ Amit Kumar Singh @ Gunnu Kumar Son of Manoj Singh R/o
Gopalpur, P.S. - Nayagaon, Dist. - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shekhar Harshvardhan, Adv.
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Saran Cyber P.S. Case no.75 of
2025 registered under section 318(4), 319(2) of BNS and
Section 66C and 66D of IT Act.
3. Allegation in the F.I.R is that petitioner obtained all
personal documents from informant’s son and opened a bank
account giving an unknown number and cyber fraud is being
committed from informant’s son’s account by some other
person.
4. Learned counsel for the petitioner submits that
account opening form of the informant’s son itself indicates that
it bears his signature besides his phone number that he has
provided and hence, it cannot be said that wrong phone number
was inserted without having knowledge of the informant’s son.
Patna High Court CR. MISC. No.71803 of 2025(4) dt.23-02-2026
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Further, confessional statement of the informant’s son has been
recorded during course of investigation which indicates that he
himself had given the personal account details to Navin Kumar
for the purpose of opening an account. Further, confession of
the petitioner before police, also indicates that it was one Situ
Kumar, upon whose instruction, he had asked the informant’s
son to open bank account. It is stated that the said account is
neither being operated by the petitioner nor he has made any
transactions in the same. The petitioner is in custody since
29.06.2025 and undertakes to cooperate in the case/trial.
Charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that there
appears dearth of material to show transaction in the said
account has been made by the petitioner, coupled with the fact
that petitioner has no criminal antecedent, the petitioner is
directed to be enlarged on bail in connection with Saran Cyber
P.S. Case no.75 of 2025 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court concerned where
Patna High Court CR. MISC. No.71803 of 2025(4) dt.23-02-2026
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the case is pending/successor Court, subject to the following
conditions:-
(I) One of the bailors of the petitioner shall be the
family member/close relative of the petitioner.
(II) The petitioner shall remain physically present in
the learned trial Court on each date and shall cooperate in the
trial. In case the petitioner is absent on the two consecutive
dates without sufficient reasons, the learned trial Court would be
at liberty to cancel the bail bonds of the petitioner.
(Soni Shrivastava, J)
Harsh/-
U T
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