Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner, subject to monetary sureties and prescribed conditions.
Summary
The petitioner, Deepak Kumar, was charged under IPC sections 406, 420, 468, 469, 384 and 506 for allegedly posing as a cyber expert, extracting Rs 7.40 lakh from an informant by false promises, and threatening him with extortion. He has been in custody since 18‑06‑2025 and possesses fourteen prior criminal antecedents, two of which resulted in acquittal. The petitioner contended that the case was malicious, filed after an unexplained three‑year delay, and that no evidence linked him to the alleged wrongdoing. The State opposed bail, emphasizing the seriousness of the offences and the petitioner’s record. Considering the submission of the charge‑sheet, the period of custody, and the lack of concrete evidence, the Court granted bail subject to monetary sureties and specific conditions regarding appearance, non‑tampering with evidence, and refraining from similar offences.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under Sections 406, 420, 468, 469, 384 and 506 of the IPC.
- Whether the petitioner’s prior criminal antecedents and the delay in filing the FIR justify denial of bail.
- Whether the prosecution has established sufficient prima facie evidence to warrant continued detention.
Legislation cited
- Indian Penal Code — s. 384, 406, 420, 468, 469, 506
Subjects
- bail
- IPC
- criminal breach of trust
- cheating
- forgery
- extortion
- cyber fraud
- prior criminal record
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80673 of 2025
Arising Out of PS. Case No.-110 Year-2025 Thana- SHRIKRISHNAPURI District- Patna
======================================================
Deepak Kumar S/O Mohan Prasad Gupta R/O Village- Kochhasa, P.S.-
Kinjar, District- Arwal, and at present R/O Mohalla- Indrapuri, Flat No. 305,
Karbana Apartment, Road No.- 01, P.S.- Pataliputra, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dr Rajiv Kumar singh S/O Chandra Bhushan Singh R/O B-15, Asha Enclave
Country Club Gali P.S- Patliputra dist. Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravish Mishra, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Sri
Krishna Puri P.S. Case No. 110 of 2025 instituted for the offence
under Sections 406, 420, 468, 469, 384 & 506 of the Indian
Penal Code.
3. The prosecution case is based on a written
complaint dated 18.04.2025 alleging that the petitioner, falsely
posing as a cyber expert, induced the informant to pay a total
sum of Rs. 7,40,000/- on different dates on the pretext of
influencing cyber crime officials and resolving certain cases,
including one relating to alleged objectionable photographs of
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the informant’s wife, and upon discovering that the petitioner
was not a police employee, the informant demanded refund of
the amount, whereafter the petitioner allegedly threatened him
and demanded further extortion, leading to registration of the
FIR.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 18.06.2025. Petitioner
bears fourteen (14) criminal antecedents, out of which he is
acquitted in two cases, as per disclosure made in paragraph No.
3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case, which has been lodged after an unexplained delay of about
three years from the alleged occurrence of 2022. Petitioner is a
cyber expert who was professionally engaged by the informant
in a previous case for which he was paid Rs. 40,000/- as fees,
and no cash or illegal gratification was ever demanded or
received by him. The allegations are malicious, influenced by
inimical persons, and the investigation has failed to establish
any contact with the informant or possession of any alleged
private material by the petitioner. Charge sheet has already been
submitted in this case.
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6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and charge sheet
being submitted in this case, this Court is inclined to grant bail
to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sri Krishna Puri P.S.
Case No. 110 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
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petitioner.
Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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