Patna High Court
KUNDAN KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
Kundan Kumar was arrested in connection with a cyber fraud case (Bhojpur Cyber P.S. Case No. 52/2025) alleged under Sections 318(4) and 319(2) of the B.N.S. and Section 66D of the Information Technology Act. He had been in custody since 6 August 2025 and claimed to have a clean antecedent. The informant testified that the entire amount cheated was returned by the petitioner. The petitioner’s counsel argued his innocence and willingness to cooperate with the trial. Considering the return of the cheated amount, the petitioner’s clean record, and the circumstances, the court allowed the regular bail application, directing release on a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused in a cyber fraud case under Sections 318(4), 319(2) of the B.N.S. and Section 66D of the IT Act, given the return of the cheated amount and the accused’s clean antecedent.
Legislation cited
- B.N.S. — s. 318(4), 319(2)
- Information Technology Act — s. 66D
Subjects
- bail
- cyber fraud
- Information Technology Act
- Section 66D
- return of money
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79086 of 2025
Arising Out of PS. Case No.-52 Year-2025 Thana- Cyber P.S. District- Bhojpur
======================================================
KUNDAN KUMAR S/O SHAILENDRA SINGH Resident of village- Beldar
Bigha Chakand, P.S.- Belaganj, Dist.- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Lal Bhushan Singh S/o- Late Shobhnath Singh. R/o- Isadhi, Babhniyawn,
P.S.- Aayar, Dist- Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Chandra, Advocate
For the Opposite Party/s : Mr.Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 19-03-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail in connection with
Bhojpur Cyber P.S. Case No. 52/2025 registered for the offences
punishable under Sections 318(4), 319(2) of B.N.S. and Section
66D of I.T. Act.
3. As per the prosecution case, petitioner is alleged to
have committed cyber fraud with the victim.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that petitioner is a
Patna High Court CR. MISC. No.79086 of 2025(4) dt.19-03-2026
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man with a clean antecedent and he is in custody since
06.08.2025. The petitioner undertakes to co-operate in the case/
trial.
5. Learned counsel for the informant submits that the
entire disputed amount cheated from him has been returned by
the petitioner to him.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned C.J.M., Bhojpur at Ara/concerned
Court below in connection with Bhojpur Cyber P.S. Case No. 52
of 2025.
(Sandeep Kumar, J)
tusharika/-
U T
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