Created by Fuzzy Cloud

Patna High Court

Mandeep KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted in view of the seriousness of the offences and the commencement of trial.

Summary

Mandeep Kumar was arrested in connection with a cyber‑fraud case (Vaishali Cyber P.S. Case No. 10 of 2025) involving multiple offences under the Bihar Negotiable Instruments Act and the Information Technology Act. He applied for regular bail for the second time, having been in custody since 14 April 2025. The prosecution alleged that he and co‑accused operated mule accounts to siphon fraud‑derived money, and the trial had already commenced. The petitioner argued that charges had been framed, but the court emphasized the gravity of the offences and the fact that trial was underway. Consequently, the court declined to overturn its earlier order and dismissed the bail application, indicating that a fresh bail petition could be filed if the prosecution caused further delay.

Issues considered

  • Whether bail can be granted to an accused of serious cyber‑fraud offences after the trial has commenced
  • Whether the gravity of the offences under the Bihar Negotiable Instruments Act and the IT Act precludes bail

Legislation cited

Subjects

  • bail
  • cyber fraud
  • Information Technology Act
  • Bihar Negotiable Instruments Act
  • serious offence
  • trial commencement
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78757 of 2025
                        Arising Out of PS. Case No.-10 Year-2025 Thana- Cyber P.S. District- Vaishali
                 ======================================================
                 Mandeep Kumar Son of Dinesh Sahni Resident of Village- Pahetiya, Ward
                 No. 05, P.S.- Kazipur, District- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :         Mr.Pranav Kumar Jha, Advocate
                 For the State             :         Mr.Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   11-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Vaishali Cyber

                   P.S. Case No. 10 of 2025 registered for the offence under

                   Sections 316(2), 318(4), 319(2), 336(2), 338, 340(2), 3(5) and

                   61(2) of the BNS and under Section 66(c), 66(d) of the I.T. Act.

                                 3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 18.06.2025 passed in Cr. Misc.

                   No. 37478 of 2025, which reads as under:

                                            “Heard learned counsel for the
                                 petitioner and learned APP for the State.
                                            2. The petitioner seeks regular bail in
                                 connection with Vaishali Cyber P.S. Case No. 10
                                 of 2025 registered for the offence under Sections
                                 316(2), 318(4), 319(2), 336(2), 338, 340(2), 3(5)
                                 and 61(2) of the BNS and under Section 66(c),
           Patna High Court CR. MISC. No.78757 of 2025(3) dt.11-02-2026
                                                       2/2




                                  66(d) of the I.T. Act.
                                             3. As per the prosecution case, the
                                  petitioner and other cyber frauds were caught
                                  along with mobile phone, laptop etc.
                                             4. It has come during investigation
                                  that the petitioner and other co-accused were
                                  cheating the people after opening mule accounts
                                  and getting the frauded money transferred in
                                  those accounts.
                                             5. The petitioner is in custody since
                                  14.04.2025.
                                             6. Considering the serious allegation
                                  of cyber fraud, this Court is not inclined to
                                  grant bail to the petitioner.
                                             7. Accordingly, this application is
                                  dismissed.”

                                  4. Learned counsel for the petitioner submits that the

                     charges have been framed in the trial.

                                  5. Considering the gravity of the offence and the fact

                     that the trial has started, I am not inclined to review my earlier

                     order.

                                  6. Accordingly, the application stands dismissed.

                                  7. If the trial is delayed by the prosecution, the

                     petitioner may renew his prayer for bail.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.