Patna High Court
Sailendra Kumar @ Shailendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court rejected the petitioner's application for regular bail.
Summary
The petitioner, Sailendra Kumar, was arrested in connection with a cyber fraud case (Case No.4 of 2025) registered under sections 303(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, after two debits totalling Rs.8,21,481 were made from the informant's bank account. The petitioner contended that he was falsely implicated and that Rs.1,10,000 was voluntarily transferred to his account by the informant. He applied for regular bail, arguing that the FIR was lodged with an inordinate delay and that the chargesheet had already been filed. The State opposed the bail application. After hearing both sides, the Court considered the seriousness of the alleged cyber fraud and the evidence of the transfer, and decided not to enlarge bail, rejecting the petitioner's application.
Issues considered
- What is the appropriate decision on the petitioner's application for regular bail in a cyber fraud case under sections 303(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 318(4)
Subjects
- cyber fraud
- regular bail
- Bharatiya Nyaya Sanhita
- section 303
- section 318
- false implication
- delay in FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74600 of 2025
Arising Out of PS. Case No.-4 Year-2025 Thana- Cyber P.S. District- Vaishali
======================================================
Sailendra Kumar @ Shailendra Kumar S/O Kameshwar Singh, corresponding
address Resident of Village/Mohalla- Purani Bijali Colony, P.S.- Jehanabad,
District- Jehanabad, Bihar. Permanent Address- Village- Haibatpur, P.S-
Rampur Chauran, Distt.- Arwal, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shahrukh Shiddiqui, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 21-01-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Cyber P.S. Vaishali Case
no.4 of 2025 registered under sections 303(2) and 318(4) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that as a result of cyber fraud, two debits were made from the
account of the informant totalling Rs.8,21,481/-. Hence the FIR.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. It was as a
result of prior connection between the petitioner and the
informant that the informant out of his own free will transferred
a sum of Rs.1,10,000/ in the account of the petitioner. It was a
Patna High Court CR. MISC. No.74600 of 2025(3) dt.21-01-2026
2/2
voluntary transfer. The petitioner is in custody since 14.5.2025
and chargesheet has been submitted. There is an inordinate
delay in lodging of the FIR. Learned counsel for the petitioner
has taken the Court through various paragraphs of the case diary
including paragraph no.61.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation of cyber fraud in the two
accounts of the informant wherein a total sum of Rs.8,21,481/
was debited from the informant’s account and as per the
statement of the learned counsel for the petitioner, Rs.1,10,000/
of the informant’s account had been credited in the petitioner’s
account, the Court is not inclined to enlarge the petitioner on
bail and the application is rejected.
(Partha Sarthy, J)
Saurabh/-
U T
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