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Patna High Court

Om Prakash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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