Patna High Court
Kunal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Kunal Kumar, was arrested during a cyber‑crime raid on 2‑3 August 2025 and a mobile phone was recovered from him. He faces charges under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(C) and 66(D) of the Information Technology Act. The petitioner’s counsel argued that he was falsely implicated, that no material was recovered from his conscious possession except his own phone, and that the statutory bail condition under Section 103 of the BNSS was not complied with. The State opposed bail. Considering the petitioner’s custody since 3 August 2025, the filing of the charge‑sheet and the lack of substantive evidence, the Court inclined to grant bail with a bond of Rs 15,000 and two sureties, subject to conditions of family surety, regular appearance and possible cancellation on default. The bail was consequently ordered.
Issues considered
- Whether bail should be granted to the accused under the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act despite the seriousness of the offences.
- Whether the requirements of Section 103 of the BNSS, 2023 for bail have been satisfied.
- Whether the presence of a charge‑sheet and the period of custody justify the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 303(2), 318(2), 318(4), 319(2), 336(2), 336(3), 340(2), 3(5), 61(2)
- Information Technology Act — s. 66(C), 66(D)
Subjects
- bail
- cyber crime
- Bharatiya Nyaya Sanhita
- Information Technology Act
- Section 103
- charge sheet
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81458 of 2025
Arising Out of PS. Case No.-25 Year-2025 Thana- Cyber P.S. District- Sheikhpura
======================================================
Kunal Kumar Son of Arun Prasad Resident of Village- Panchi, P.S.-
Sheikhopur Sarai and District- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Kumar Dubey, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned APP
for the State. Perused the case diary.
2. The petitioner seeks bail in connection with
Sheikhpura Cyber P.S. Case No. 25 of 2025 instituted for the
offence under Sections 303(2), 318(2), 318(4), 319(2), 336(2),
336(3), 340(2), 3(5) & 61(2) of the Bharatiya Nyaya Sanhita,
2023 and Sections 66(C) & 66(D) of the Information and
Technology Act.
3. Prosecution case, in brief, is that on 02/03.08.2025,
on receiving secret information, the Cyber Crime Police led a
raid near Durga Temple, Panchi village, where several persons
were found conspiring to commit cyber fraud and attempted to
flee away on seeing the police. During the raid, six accused
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including the petitioner was apprehended and one mobile phone
was recovered from his possession.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 03.08.2025, having three
criminal antecedents, as per disclosure made in paragraph No.3
of the bail petition.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Nothing has been recovered from the conscious possession
of the petitioner, except one mobile phones, which belongs to
the petitioner. Petitioner has no concern with the alleged cyber
crime and there is no cogent material, whatsoever, to implicate
him in the present case. There is no compliance of Section 103
of the BNSS, 2023. Charge sheet has already been submitted in
this case.
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, this Court is inclined to grant bail to the
petitioner.
8. Let the petitioner be released on bail, after framing
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of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Fifteeen Thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Sheikhpura Cyber P.S. Case No. 25 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. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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