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Patna High Court

Dilip KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied regular bail to the petitioner, finding sufficient grounds to continue his custody.

Summary

The petitioner, Dilip Kumar, sought regular bail in a cyber‑crime case registered under Sections 318(4), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 66C of the IT Act. The prosecution alleged that he opened a current bank account, allowed a co‑accused to operate it, and facilitated large numbers of suspicious transactions amounting to several lakhs of rupees. The petitioner contended that he was a legitimate businessman, that no fraud was alleged in the FIR, and that he had cooperated with police without any incriminating material being seized. The State argued that the account was used for cyber‑fraud, that multiple complaints existed against his other accounts, and that the scale of transactions indicated a serious offence. After considering the allegations and the petitioner’s custody since February 2025, the court found sufficient grounds to deny bail, directing the trial court to expedite the trial.

Issues considered

  • What is the appropriate consideration for granting bail in a case involving alleged cyber‑fraud under the B.N.S. and IT Act?
  • Does the presence of large suspicious transactions and multiple complaints justify denial of bail?

Legislation cited

Subjects

  • bail
  • cyber crime
  • bank fraud
  • IT Act
  • B.N.S.
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82363 of 2025
                      Arising Out of PS. Case No.-2 Year-2025 Thana- Cyber P.S. District- Sheikhpura
                 ======================================================
                 Dilip Kumar son of Kharo Pandit @ Kharo Prasad @ Kharo Yadav Resident
                 Of Village -Barui P S -Sheikhpura District -Sheikhpura

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rizwanul Haque
                 For the Opposite Party/s :        Mr. Raj Kishor Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

8   12-05-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the 2nd attempt of the petitioner seeking bail

                   in connection with Sheikhpura P.S. Case No. 02 of 2025

                   registered for the offence under Sections 318(4), 61(2) and 3(5)

                   of the Bharatiya Nyaya Sanhita, 2023 and Section 66© of the IT

                   Act.

                                3. Earlier the bail application of the petitioner was

                   rejected on 25.06.2025 in Cr. Misc. No. 23450 of 2025, which

                   reads as follows:-

                                                          Heard learned counsel for the
                                              petitioner and learned A.P.P. for the State.
                                                          2. The petitioner seeks bail in
                                              connection with Sheikhpura Cyber P.S. Case
                                              No. 02 of 2025 dated 06.02.2025 registered for
                                              the offences punishable under Sections 318(4),
                                              61(2) read with Section 3(5) of the B.N.S., 2023
Patna High Court CR. MISC. No.82363 of 2025(8) dt.12-05-2026
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                                  and Section 66C of the I.T. Act.
                                              3. As per the prosecution case, on
                                  05.02.2025 on receiving an information by the
                                  informant from Branch Manager, Bank of
                                  Maharashtra, Sheikhpura Branch, that an
                                  account bearing A/C No. 60487378208 which is
                                  a current account of M/S. R.K.P. Construction
                                  and which was opened on 15.04.2024 seems to
                                  be suspicious and the account holder of thesaid
                                  account has visited the branch, the informant
                                  went to the said Branch and the Branch
                                  Manager informed him that at the time of
                                  opening different meager transactions were
                                  made in the said account. He further informed
                                  that on 29.01.2025, the account holder has
                                  prayed to increase the limit of Internet Banking
                                  to Rs. 10 Crores and thereafter a monitoring
                                  was done of the said bank account then it was
                                  found that in the entire day, several meager
                                  transactions took place in the said account. The
                                  Manager has given a letter of request to verify
                                  the account and when the account holder was
                                  asked about his name and address, he disclosed
                                  himself as the petitioner and also disclosed that
                                  he has opened the said account for the purpose
                                  of business as per instruction by one Abhishek.
                                  He has further informed him that some amount
                                  will come in the said account and further he has
                                  to transfer the same on the account numbers as
                                  informed to him by the said Abhishek for which
                                  he would receive some commission. The
                                  informant further said that the petitioner did not
                                  produce any document for his Institution.
                                  Further the mobile number of the petitioner was
                                  verified and it was found that he was talking to
                                  Abhishek Kumar regularly. The said petitioner
                                  further informed that the Net Banking and UPI
                                  are operated by Abhishek Kumar as he has
                                  given his Cheque Book, ATM Cardand Mobile
                                  Number 7870476824 which is linked to the
                                  account of Abhishek Kumar. The informant
                                  further stated that he received bank statement by
Patna High Court CR. MISC. No.82363 of 2025(8) dt.12-05-2026
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                                  the Manager and found that many transactions
                                  have been made from 09.05.2024 and till
                                  06.02.2025 and altogether 1174 times amount
                                  has been credited in the account which is Rs.
                                  2416455/- and 83 times amount has been
                                  debited from the account which is Rs.
                                  2083255.48/- and till date Rs. 333199.52/- is
                                  still in the account. It has also further come that
                                  the petitioner was operating four other accounts
                                  as well upon which four complaints are there
                                  which are regarding Rs. 400/-, 26000/-, 15000/-
                                  and 50,000/- respectively.
                                               4. Learned counsel for the petitioner
                                  has submitted that the petitioner is innocent and
                                  has falsely been implicated in this case. It is
                                  submitted that petitioner is a businessman and
                                  is engaged in the work of construction and has
                                  opened the present account in the said bank
                                  after fulfilling all the norms as required for
                                  opening a current account in the said bank viz.
                                  GST was done and other documentation
                                  required were provided. The bank opened the
                                  account after getting satisfied of all the
                                  documents provided by the petitioner. It is
                                  further submitted that in the F.I.R., no where it
                                  has been mentioned that any fraud was done. It
                                  is further submitted that no body has made
                                  complaintagainst the said account of the
                                  petitioner. It is further submitted that the
                                  petitioner was called by the police in the police
                                  station and he went there and replied all the
                                  questions and quarries as made by the police
                                  but the police arrested him stating only a line
                                  that some of the complaints have been found on
                                  other account of the petitioner. It is further
                                  submitted that if the petitioner is involved in
                                  cyber fraud he would not have gone to the
                                  police station or participated in the inquiry
                                  made by the police. No incriminating article has
                                  been recovered from the possession of the
                                  petitioner. It is further submitted that except
                                  suspicion, there is nothing on record to suggest
Patna High Court CR. MISC. No.82363 of 2025(8) dt.12-05-2026
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                                  any forgery has been committed with any
                                  individual by the petitioner in any manner. It is
                                  further submitted that during the course of
                                  investigation, not a single independent witness
                                  has come forward before the police that forgery
                                  has been committed with them by the petitioner.
                                  The petitioner has clean antecedent as stated in
                                  paragraph no. 3 of the bail petition. He is in
                                  custody in this case since 07.02.2025.
                                              5. Learned A.P.P. for the State has
                                  vehemently opposed the bail petition of the
                                  petitioner and has submitted that the petitioner
                                  is involved in cyber crime and he alongwith
                                  other co-accused persons used to cheat the
                                  innocent people. The account which was being
                                  used in the cyber crime is in the nameof the
                                  petitioner and from the date of opening, the
                                  account i.e., 15.04.2025 till date, several lakh
                                  rupees have been transferred to that account.
                                  He has further submitted that there are many
                                  accounts in the name of the petitioner as per the
                                  J.M.I.S. Portal, complaints have been filed on
                                  all the accounts and investigation is still
                                  pending.
                                               6. Considering the aforesaid facts
                                  and circumstances of the case and finding
                                  substance in the contention of the learned A.P.P.
                                  for the State, this Court is not inclined to grant
                                  bail to the petitioner and the same is rejected in
                                  connection with Sheikhpura Cyber P.S. Case
                                  No. 02 of 2025, pending in the court of learned
                                  C.J.M. Sheikhpura.
                                              7. The application stands rejected.
                                               8. The learned trial court is directed
                                  to expedite the trial of the petitioner and
                                  conclude the same at the earliest.


                       4. The learned counsel for the petitioner submits that

          the trial is going on. The petitioner is in custody since
            Patna High Court CR. MISC. No.82363 of 2025(8) dt.12-05-2026
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                      07.02.2025.

                                   5. Considering the fact that the petitioner is involved

                      in cyber crime and huge transactions have been made in the

                      bank account of the petitioner, I am not inclined to grant regular

                      bail to the petitioner. Accordingly, this application for regular

                      bail stands rejected.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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