Patna High Court
Gautam KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S. — s. 111, 303(2), 318(4), 319(2), 336(2), 336(3), 338
- Information Technology Act, 2000 — s. 66(c), 66(d)
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
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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
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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
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