Created by Fuzzy Cloud

Patna High Court

Gautam KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the B.N.S. S.S.

Summary

The petitioner, Gautam Kumar, filed an anticipatory bail application fearing arrest in a cyber‑crime case (Aurangabad Cyber P.S. Case No. 51 of 2025) involving offences under several sections of the B.N.S. and Sections 66(c) and 66(d) of the Information Technology Act. The prosecution’s case is based on a confession by co‑accused Tinku Kumar, who alleged that the petitioner helped open bank accounts used for money transfers through gaming apps. The petitioner contended that he had no involvement, no money was received in his accounts, no material was seized from him, and that the allegations were motivated by a long‑standing political rivalry. The State opposed bail. After hearing both sides, the Court, noting the lack of direct evidence against the petitioner, his clean record, and the political context, ordered that he be granted anticipatory bail subject to surrender within four weeks, a bail bond of Rs 10,000 with two sureties, and conditions under Section 482(2) of the B.N.S. S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in view of the allegations and the material seized
  • Whether the confession of the co‑accused suffices to justify denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • cyber crime
  • political rivalry
  • Information Technology Act
  • Section 482
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80472 of 2025
                      Arising Out of PS. Case No.-51 Year-2025 Thana- Cyber P.S. District- Aurangabad
                 ======================================================
                 Gautam Kumar S/o- Kishori Sao @ Kishori Prasad Village- Anjan PO- Nima
                 PS-Madanpur Dist- Aurngabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Tabish Ahmad, Advocate
                 For the Opposite Party/s :         Mr. Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   30-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has

                   been filed by the petitioner apprehending his arrest in

                   connection with Aurangabad Cyber P.S. Case No. 51 of 2025

                   instituted for the offence under Sections 318(4), 303(2), 319(2),

                   336(2), 336(3), 338 and 111 of B.N.S. and Sections 66(c) and

                   66(d) of the I.T. Act.

                                3. The case of the prosecution is that on the basis of

                   information given by SHO cyber, the informant along with other

                   police personnel arrived at Madanpur P.S. and interrogated

                   Chandan Kumar Singh and Tinku Kumar. Tinku Kumar is

                   alleged to have confessed that he along with this petitioner has

                   indulged in transactions of money through gaming by use of
Patna High Court CR. MISC. No.80472 of 2025(3) dt.30-01-2026
                                            2/3




          bank accounts opened in the name of other persons. Some

          documents are alleged to have seized from the house of Tinku

          Kumar and a mobile handset belonging to Chandan Kumar

          Singh was also seized under the seizure memo.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that the name of this

          petitioner has surfaced in the confessional statement of co-

          accused Tinku Kumar. Tinku has alleged that on the instance of

          this petitioner, he has opened bank account and in those bank

          accounts, the cash was transferred through gaming apps.

          Learned counsel has submitted that the petitioner is not

          concerned in any way with those bank accounts and no money

          has been received in his bank account. Nothing has been

          recovered from his possession. It has further been submitted that

          the petitioner and co-accused are known to have long standing

          political rivalry which has resulted in serious enmity in their

          family and due to this rivalry, the co-accused has falsely taken

          the name of this petitioner in the present case only to settle

          political scores and tarnish the reputation of the petitioner. A

          statement has been made in para-3 of this petition that the

          petitioner has got no criminal antecedent.
            Patna High Court CR. MISC. No.80472 of 2025(3) dt.30-01-2026
                                                        3/3




                                   5. In contra, learned APP appearing for the State has

                      opposed the prayer of bail of the petitioner.

                                   6. Having heard learned counsel for the parties and in

                      the facts and circumstances of the case as stated above, this

                      Court is inclined to enlarge the petitioner on bail. The petitioner

                      is directed to surrender in the Court below within a period of

                      four weeks from today and in the event of his arrest or surrender

                      in connection with Aurangabad Cyber P.S. Case No. 51 of 2025,

                      he will be enlarged on bail on furnishing bail bond of Rs.

                      10,000/- (Rupees ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned A.C.J.M.-1,

                      Aurangabad subject to the conditions as laid down under section

                      482(2) of B.N.S.S.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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