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Patna High Court

Santosh Kumar @ Santosh kr RaiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court dismissed the petitioner's bail application, finding no ground to review its earlier order.

Summary

Santosh Kumar was charged under Sections 420, 467, 468, 471, 120(B) and 34 of the Indian Penal Code and Sections 66, 66(B) and 66(D) of the Information Technology Act for alleged cyber fraud. He had earlier applied for bail, which was rejected on 14 March 2024. In a second bail application, the petitioner’s counsel failed to file a supplementary affidavit as directed by the court. The Patna High Court considered the seriousness of the offences and the petitioner’s non‑compliance with the court’s direction. Finding no sufficient ground to revisit its earlier order, the court dismissed the bail application and ordered the trial to proceed expeditiously.

Issues considered

  • What is the appropriate decision on the petitioner's second bail application in view of the gravity of the alleged cyber‑fraud offences and his failure to file the required supplementary affidavit?

Legislation cited

Subjects

  • bail
  • cyber fraud
  • Indian Penal Code
  • Information Technology Act
  • gravity of offence
  • criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.72175 of 2024
                      Arising Out of PS. Case No.-5 Year-2024 Thana- WARISLIGANJ District- Nawada
                  ======================================================
                  Santosh Kumar @ Santosh kr Rai S/O Sachidanand Rai R/O Vill-Uttar Nagar,
                  Bikas Nagar, Block-15, P.S. Ranaula, District- Bikaspuri (New Delhi)
                                                                              ... ... Petitioner/s
                                                       Versus
                  The State of Bihar
                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Dr. Anjani Pd. Singh
                  For the Opposite Party/s :      Mr. Chandra Bhushan Prasad
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

10   25-02-2026                  Heard the learned counsel for the petitioner and the

                    learned APP for the State.

                                 2. This is the 2nd attempt of bail of the petitioner. The

                    petitioner seeks bail in connection with Warsaliganj P.S. Case

                    No. 05 of 2024, registered for the offence under Sections 420,

                    467, 468, 471 and 120(B)/34 of the Indian Penal Code.

                                 3. Earlier the bail application of the petitioner was

                    rejected on 14.03.2024 in Cr. Misc. No. 18433 of 2024 which

                    reads as follows:-

                                                  “Heard learned counsel for the
                                       petitioner and learned APP for the State.
                                                  2. The petitioner seeks bail in
                                       connection with Warisaliganj P.S. Case No. 05
                                       of 2024 registered for the offence punishable
                                       under Sections 420, 467, 468, 471 and
                                       120(B)/34 of the Indian Penal Code and
                                       Section 66, 66(B) and 66(D) of the I.T. Act.
                                                  3. As per the prosecution case, the
                                       petitioner along with other cyber frauds was
                                       caught in an orchard committing cyber fraud.
                                                  4. Learned counsel for the petitioner
                                       submits that the petitioner has clean antecedent
                                       therefore he may be granted bail. He also
            Patna High Court CR. MISC. No.72175 of 2024(10) dt.25-02-2026
                                                        2/2




                                        submits that other co-accused has been granted
                                        bail.
                                                    5. Learned APP appearing for the
                                        State opposes the prayer for regular bail of the
                                        petitioner.
                                                    6. Considering the fact that the
                                        petitioner is involved in cyber fraud, I am not
                                        inclined to grant bail to the petitioner.
                                                    7. Accordingly, this application
                                        stands dismissed.
                                                    8. The Court below is directed to
                                        expedite the trial.
                                                    9. The Superintendent of Police,
                                        Nawada will see to it that the witnesses are
                                        produced on the date fixed for examination of
                                        the witnesses.
                                                    10. Let a copy of this order be
                                        communicated to the Superintendent of Police,
                                        Nawada for its compliance through FAX or e-
                                        mail forthwith.”

                                   4. Though, the learned counsel for the petitioner was

                      directed to file a supplementary affidavit with regard to the

                      stage of trial but he has failed to do so.

                                   5. Considering the gravity of the offence, this Court

                      finds no ground to review its earlier order.

                                   6. Accordingly, this application for regular bail stands

                      rejected.


                                                         (Sandeep Kumar, J)

Ranjeet/-
U       T


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