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Patna High Court

Gauri Kumar @ Gauri ShankarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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