Patna High Court
Mandeep KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bihar Negotiable Instruments Act — s. 316(2), 318(4), 319(2), 336(2), 338, 340(2), 3(5), 61(2)
- Information Technology Act, 2000 — s. 66(c), 66(d)
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
Checking your session…