Patna High Court
Gauri Kumar @ Gauri ShankarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that anticipatory bail could not be granted due to the seriousness of the offences and the petitioner’s mention in the co‑accused’s confessional statement.
Summary
The petitioner, Gauri Kumar, sought anticipatory bail after learning that he was implicated in a cyber fraud case (Warisaliganj P.S. Case No. 220 of 2024) involving offences under Sections 419, 420, 467, 468, 471, 34 of the IPC and Sections 66(D) and 66(B) of the Information Technology Act. The prosecution alleged that a police informant observed a group of cyber criminals, two of whom were apprehended, and that the petitioner’s name appeared in a co‑accused’s confessional statement. The petitioner argued that he should be granted anticipatory bail to avoid arrest. The Court, considering the seriousness of the alleged offences and the inclusion of the petitioner’s name in the confessional statement, declined to grant anticipatory bail. The application for anticipatory bail was rejected, and the petitioner was ordered to surrender to the lower court within two weeks to seek regular bail, failing which the police were directed to arrest him.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the gravity of the alleged cyber‑fraud offences.
- Whether the petitioner’s inclusion in a co‑accused’s confessional statement justifies denial of anticipatory bail.
Legislation cited
- Indian Penal Code — s. 34, 419, 420, 467, 468, 471
- Information Technology Act — s. 66(B), 66(D)
Subjects
- anticipatory bail
- cyber fraud
- Indian Penal Code
- Information Technology Act
- bail jurisdiction
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80755 of 2024
Arising Out of PS. Case No.-220 Year-2024 Thana- WARISLIGANJ District- Nawada
======================================================
Gauri Kumar @ Gauri Shankar Son of Gore Raut Resident of Village-
Kochgam, P.S. - Warisaliganj, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
9 09-02-2026 Heard the learned counsel for the petitioner and
the learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Warisaliganj P.S. Case No. 220 of 2024 instituted under
Sections 419, 420, 467,468, 471, 34 of the IPC and Sections 66
(D) and 66 (B) of the I.T. Act
3. As per prosecution case, informant got
information that some cyber criminals gathered in the orchard
and they are cheating innocent persons. In course of
verification, informant along with other police constable
reached at the place of occurrence and saw that 5-6 persons
started fleeing after seeing the police but out of them two
persons were caught by the police and others managed to flee
away from the place of occurrence.
Patna High Court CR. MISC. No.80755 of 2024(9) dt.09-02-2026
2/2
4. The learned counsel for the petitioner submits that
the name of the petitioner has come in the confessional
statement of co-accused that he is involved in the fraud.
5. Considering the gravity of the offence, this Court is
not inclined to grant the privilege of anticipatory bail to the
petitioner in the present case.
6. The application for anticipatory bail is, accordingly,
rejected.
7. The petitioner is directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, if so advised, failing which the Superintendent of Police,
Nawada will take all steps for the arrest of the petitioners.
8. Let a copy of this order be communicated to the
Superintendent of Police, Nawada through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
vashudha/-
U T
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