Patna High Court

Munna KumarversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted anticipatory bail to the petitioner.

Summary

Munna Kumar was named as an accused in a cyber‑fraud case involving multiple offences under the Bharatiya Nyaya Sanhita and the Information Technology Act. He contended that he was implicated solely on the basis of a co‑accused’s confessional statement and that no material evidence linked him to the alleged offences. The petitioner highlighted that similarly situated co‑accused had already been granted anticipatory bail in a related matter. The State opposed the bail application, arguing the seriousness and omnibus nature of the charges. Considering the lack of incriminating material against the petitioner and the principle of parity, the Court allowed the petition for anticipatory bail, directing that bail be furnished within eight weeks on a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the nature of the accusations and the evidentiary material.
Whether the petitioner’s claim of innocence, based solely on a co‑accused’s confessional statement, warrants bail.
Whether the principle of parity with co‑accused who obtained anticipatory bail applies.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 111(2)(b), 318(4), 319(2), 336(3), 338, 340(2), 3(5), 61(2)
Information Technology Act — s. 66(c), 66(d)

Subjects

anticipatory bail
cyber fraud
Information Technology Act
bail bond
evidentiary insufficiency
parity
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83710 of 2025
                       Arising Out of PS. Case No.-74 Year-2025 Thana- MANPUR District- Nalanda
                 ======================================================
                 Munna Kumar S/o Bundela Chauhan R/o Village - Salema, P.S - Manpur,
                 District - Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Raj Kishor Prasad, Advocate
                 For the State           :        Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 319(2),

                   318(4), 338, 336(3), 340(2), 61(2), 111(2)(b) and 3(5) of the

                   Bharatiya Nyaya Sanhita and Sections 66(c) and 66(D) of the

                   Information Technology Act.

                                3. As per the prosecution case, all the F.I.R. named

                   accused persons, including this petitioner, were involved in

                   commission of cyber fraud and luring innocent people by

                   promising them loans.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   has been made accused in this case merely on the basis of
Patna High Court CR. MISC. No.83710 of 2025(2) dt.09-02-2026
                                            2/3




          confessional statement of co-accused Dilip Kumar, who was

          apprehended on the spot. Save and except the same, there is no

          other material on record to show the complicity of this petitioner

          in the alleged offence. No incriminating material has been

          recovered from conscious possession of this petitioner. It is

          further submitted that similarly situated co-accused persons

          have already been granted the privilege of anticipatory bail by

          this Hon’ble Court vide order dated 03.09.2025 passed in Cr.

          Misc. No. 59590 of 2025.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation and claim based

          on parity, the prayer for grant of anticipatory bail to the

          petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Chief Judicial Magistrate,

          Nalanda at Biharsharif in connection with Manpur P.S. Case No.
             Patna High Court CR. MISC. No.83710 of 2025(2) dt.09-02-2026
                                                         3/3




                       74 of 2025, subject to condition as laid down under Section

                       482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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