Patna High Court
Om Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The petitioner is entitled to regular bail subject to a bond of Rs 10,000 and two sureties.
Summary
The petitioner, Om Prakash Kumar, was arrested in a cyber‑fraud case (Motihari Cyber P.S. Case No. 57 of 2025) involving offences under several sections of the Bihar Negotiable Instruments Act and the Information Technology Act. He claims innocence, asserting that his name appears only in a co‑accused’s confessional statement and that other co‑accused have already been granted bail. He has been in custody since 20 May 2025 and has a clean antecedent. The State opposed bail, but the court considered the circumstances, including the petitioner’s cooperation and the bail granted to other accused. The court ordered his release on regular bail with a bond of Rs 10,000 and two sureties, subject to his cooperation in the trial.
Issues considered
- Whether the petitioner is entitled to regular bail in the cyber‑fraud case despite the allegations and his inclusion in a co‑accused’s confessional statement.
Legislation cited
- Bihar Negotiable Instruments Act — s. 303(2), 317(5), 318(4), 319(2), 336(2), 338, 340(2)
- Information Technology Act, 2000 — s. 66(C), 66(D)
Subjects
- regular bail
- cyber fraud
- IT Act
- Bihar Negotiable Instruments Act
- criminal procedure
- confessional statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74092 of 2025
Arising Out of PS. Case No.-57 Year-2025 Thana- Cyber P.S. District- East Champaran
======================================================
Om Prakash Kumar S/o Dasai Mahto Resident of Village - Siswa Nuniya
Tola, P.S. - Paharpur, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhurendra Kumar
For the Opposite Party/s : Mr.Prem Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 19-01-2026 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 Motihari Cyber P.S. Case No. 57 of 2025,
registered for the offences punishable under Sections 338, 336(2),
340(2), 303(2), 318(4), 319(2), 317(5) of the BNS and Section
66(C), 66(D) of IT Act.
3. On 17.04.2025 at about 11:00PM, the police got
secret information that co-accused Abhimanyu Kumar @ Lalu,
along with other youths, was involved in cyber fraud by luring
innocent villagers and misusing their bank passbooks and SIM
cards. The police conducted raid and six persons were arrested.
From their possession, mobiles, SIM cards, bank passbooks, ATM
cards and cash were recovered.
Patna High Court CR. MISC. No.74092 of 2025(2) dt.19-01-2026
2/2
4. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated. The name of petitioner has figured in confessional
statement of co-accused Rohit Singh, who has been granted bail
vide order dated 17.10.2025 in Cr. Misc. No. 50333 of 2025. Other
co-accused persons, who were arrested at the spot, have also been
granted bail. The petitioner is under custody since 20.05.2025 and
he is a person of clean antecedent.
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 bail
on furnishing bail bonds of Rs.10,000/- with two sureties of the
like amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-IV, East Champaran, Motihari in connection
with Motihari Cyber P.S. Case No. 57 of 2025, subject to the
condition 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)
kundan/-
U T
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