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Patna High Court

Sumit Ranjan @ Sumit KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that, given the seriousness of the alleged Aadhaar fraud and related offences, pre‑arrest bail could not be granted.

Summary

The petitioner, Sumit Ranjan, sought pre‑arrest bail after the police registered a case alleging offences under sections 318(4) and 319(2) of the BNS and sections 65, 66, 66C and 66D of the Information Technology Act, 2000. The prosecution alleged that the petitioner, in collusion with co‑accused, illegally accessed the Aadhaar system, used the informant’s biometric data to carry out fraudulent Aadhaar enrollments, and committed impersonation, identity theft and electronic forgery. Evidence presented indicated that the petitioner performed the L1 and L2 processes by capturing the informant’s iris and fingerprint data and uploading it to his system. The court examined the seriousness of the alleged offences, the potential for misuse of biometric data, and the risk of the petitioner absconding or tampering with evidence. Considering the gravity of the accusations and the circumstances, the court rejected the petitioner's prayer for pre‑arrest bail, effectively denying bail.

Issues considered

  • What is the appropriate discretion of the court in granting or refusing pre‑arrest bail for offences under sections 318(4), 319(2) of the BNS and sections 65, 66, 66C, 66D of the IT Act, 2000?

Legislation cited

Subjects

  • pre‑arrest bail
  • Aadhaar fraud
  • identity theft
  • electronic forgery
  • Information Technology Act
  • BNS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83201 of 2025
                   Arising Out of PS. Case No.-19 Year-2025 Thana- Cyber P.S. District- West Champaran
                 ======================================================
                 Sumit Ranjan @ Sumit Kumar S/O Kanhaiya Prasad @ Kanhaiya Lall R/O
                 Village - Indrapuri, P.S - Bettiah Town, Distt.- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s      :       Mr. Ranjeet Patel , Advocate

                 For the Opposite Party/s :        Mr. Uday Chand Prasad , APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER


2   05-01-2026                          Heard learned counsel for the petitioner and the

                   State.

                                 2. Petitioner apprehends arrest in a case registered

                   for the offence punishable under sections 318 ( 4 ), and 319

                   ( 2 ) of BNS and sections 65 , 66, 66 (C) and 66 ( D ) of the IT

                   Act, 2000.

                                 3 . As per the prosecution case , informant namely ,

                   Babita Kumari reported that she is working as Aadhar

                   operator in +2 High school and this petitioner in connivance

                   with other co-accused persons unauthorisedly accessed the

                   Aadhar system and misused, the informant’s biometric data to

                   carry out illegal Aadhaar enrollment, amounting to cheating,
            Patna High Court CR. MISC. No.83201 of 2025(2) dt.05-01-2026
                                                        2/2




                      impersonation , identity theft and electronic forgery .

                                   4. During course of investigation , it has come that it

                      was this petitioner who did L1 , L2 process by virtue of taking

                      IRIS and finger prints of ten fingers of informant and he

                      uploaded the same into his system.

                                   5 . Considering the nature of accusation , gravity of

                      offence and other circumstances of the case, prayer for pre-

                      arrest bail of the petitioner is rejected.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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