Patna High Court
Manoj DasversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
The bail petition was denied.
Summary
Manoj Das, a 20‑year‑old resident of Jharkhand, was arrested on suspicion of committing cyber fraud. The FIR, initially filed against an unknown person, later implicated him based on mobile tower location. During the investigation his house was raided, yielding two mobile phones (not his) and Rs.2.40 lakhs, which the petitioner claimed belonged to his father for a family marriage. The petitioner has no prior criminal record, but the State alleges that he confessed to the police. The petitioner sought bail under the Bharatiya Nyaya Sanhita, 2023 (Sections 318(4) and 319(2)) and the Information Technology Act (Sections 66, 66(c), 66(d)). The Court, after considering the allegations and the alleged confession, refused bail, directing that the petitioner may re‑apply after the charge sheet is filed.
Issues considered
- Whether bail should be granted to the accused in a cyber‑fraud case under Sections 318(4), 319(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66, 66(c), 66(d) of the IT Act.
- Whether the material evidence and alleged confession justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 319(2)
- Information Technology Act — s. 66, 66(c), 66(d)
Subjects
- bail
- cyber fraud
- Information Technology Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- confession
- charge framing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79158 of 2025
Arising Out of PS. Case No.-40 Year-2025 Thana- Cyber P.S. District- Buxar
======================================================
Manoj Das Son of Sitlal das R/o Village - Sirsiya, P.S. - Devipur in the district
of Deoghar(Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 318(4) and 319(2) of the
Bharatiya Nyaya Sanhita, 2023 and Sections 66, 66 (c) and 66
(D) of the I.T. Act.
3. As per the prosecution case, the petitioner is
said to have committed cyber fraud.
4. It is submitted by learned counsel for the
petitioner that the First Information Report has been lodged
against unknown and the name of the petitioner has transpired in
this case, subsequently, during the course of investigation,
merely on suspicion based upon tower location. Thereafter,
the house of the petitioner was raided and recovery
Patna High Court CR. MISC. No.79158 of 2025(5) dt.19-02-2026
2/2
of mobile phones along with Rs.2.40 lakhs was made from his
house. Further, two mobile phones which have been recovered
do not belong to the petitioner. As far as recovery of cash is
concerned, it was kept in the house by the father of the
petitioner for the purposes of marriage of his younger daughter.
It is further submitted that the petitioner is a young boy of 20
years and has been in custody since 26.08.2025 with no criminal
antecedent.
5. Learned APP for the State vehemently opposing
the bail petition submitted that there are specific allegations
transpired against the petitioner during the course of
investigation and he has confessed his guilt before the police
also.
6. Taking into consideration the facts and
circumstances of the case, I am not inclined to enlarge the
petitioner on bail. The prayer for bail is hereby rejected.
However, the petitioner would be at liberty to renew his prayer
for bail after framing of charge.
(Soni Shrivastava, J)
Trivedi/-
U T
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