Patna High Court

Niladari BaruaversusThe State of Bihar

Decided: 6 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner, finding the evidence insufficient to justify continued custody.

Summary

The petitioner, Niladari Barua, was arrested in a cyber‑fraud case (Cyber P.S. Case No. 344 of 2024) alleging violations of Sections 303(2), 318(4), 319(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(C) and 66(D) of the Information Technology Act. The prosecution alleged that the petitioner was part of a scheme that duped an informant of Rs 45,86,000, with the money transferred to co‑accused Tushar Pal and Akansha Singh. The petitioner contended that he was not named in the FIR, was implicated only through a co‑accused’s confessional statement, and that no incriminating material was found on him; he also had no prior criminal record. The State opposed bail, but the court noted the lack of specific allegations, the petitioner’s clean antecedents, and the period of custody already served. Consequently, the court granted bail on the condition of a Rs 15,000 bond with two sureties.

Issues considered

Whether the petitioner is entitled to bail despite being implicated solely through a co‑accused’s confession.
Whether the charge‑sheet provides sufficient specific allegations against the petitioner to justify continued detention.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 318(4), 319(2)
Information Technology Act — s. 66(C), 66(D)

Subjects

bail
cyber fraud
Information Technology Act
Bharatiya Nyaya Sanhita
confession of co‑accused
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76333 of 2025
                        Arising Out of PS. Case No.-344 Year-2024 Thana- Cyber P.S. District- Saran
                 ======================================================
                 Niladari Barua S/o Duldul Barua R/o Village - 15, Malangna Lane Bowbazar,
                 Kolkata, P.S - Bowbazar, District - Kolkata (West Bengal)


                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Udai Shankar Singh, Advocate
                 For the Opposite Party/s :         Mr. Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   06-02-2026                         Heard learned counsel for the petitioner, learned

                   APP for the State and perused the case diary.

                                2. The petitioner seeks bail in connection with Cyber

                   P.S. Case No. 344 of 2024, instituted for the offences punishable

                   under Sections 303(2), 318(4), 319(2) of the Bharatiya Nyaya

                   Sanhita, 2023, read with Sections 66(C) and 66(D) of the I.T.

                   Act.

                                3. The prosecution case, in short, is that the informant

                   was duped of Rs. 45,86,000/- by the co-accused, namely, Tushar

                   Pal and Akansha Singh in whose account he had transferred the

                   part of the amount and on such allegations the case was

                   registered.
Patna High Court CR. MISC. No.76333 of 2025(3) dt.06-02-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. Charge-sheet has been submitted in this case. No

          incriminating material has been recovered from the conscious

          possession of the petitioner. Learned counsel for the petitioner

          also submitted that the petitioner is not named in the FIR. Name

          of the petitioner has transpired in this case on the basis of

          confessional statement made by co-accused person and the same

          has got no evidentiary value. It is next submitted that no specific

          allegation has been attributed against the petitioner rather the

          same is general and omnibus in nature. The petitioner is in

          custody since 05.07.2025 and has got no criminal antecedent.

          Learned counsel for the petitioner further submits that other co-

          accused has been granted regular bail by a Co-ordinate Bench of

          this Court vide order dated 20.06.2025 passed in Cr. Misc. No.

          38732 of 2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.
             Patna High Court CR. MISC. No.76333 of 2025(3) dt.06-02-2026
                                                         3/3




                                    7. Let the petitioner be released on bail on furnishing

                       bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Cyber P.S. Case No.

                       344 of 2024.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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