Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that, in the absence of direct incriminating evidence linking the petitioners to the alleged mobile device and given their clean antecedents and completed investigation, bail must be granted.
Summary
The Patna High Court considered bail applications filed by four accused persons—Manish Kumar, Rohit Kumar, Anand Kumar, and Rajkrit Kumar—arising from a cyber‑fraud case (Motihari Cyber P.S. Case No. 139 of 2025) involving offences under the Bhartiya Nyay Sanhita, 2023 and the Information Technology Act. The petitioners argued that the mobile phone alleged to have been used for the fraud was registered in the name of a co‑accused, not theirs, and that the investigation had already been completed, leaving no scope for evidence tampering. The State opposed bail, contending the seriousness of the offences. The Court noted the lack of direct incriminating linkage to the petitioners, their clean antecedents, and the completed investigation, and consequently ordered their release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 437(3) Cr.P.C. and Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita. In a related application (Cr. Misc. No. 2594 of 2026), the Court directed that no coercive action be taken against the petitioner pending further orders and ordered the case diary to be produced, re‑notifying the matter for the next hearing.
Issues considered
- Whether bail should be granted to the accused in a cyber‑fraud case under the Bhartiya Nyay Sanhita and the IT Act.
- Whether the fact that the alleged fraudulent mobile phone is not registered in the petitioner's name creates reasonable doubt sufficient for bail.
- Whether the completion of the investigation precludes the risk of evidence tampering, justifying bail.
- Whether the petitioner's clean antecedent warrants the grant of bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 480(3)
- Bhartiya Nyay Sanhita, 2023 — s. 308(5), 316(2), 317(5), 318(4), 319(2), 336(3), 338, 61(2)
- Code of Criminal Procedure — s. 437(3)
- Information Technology Act — s. 66(C), 66(D)
Subjects
- bail
- cyber fraud
- electronic evidence
- mobile phone
- investigation
- clean antecedent
- IT Act
- Bhartiya Nyay Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83795 of 2025
Arising Out of PS. Case No.-139 Year-2025 Thana- Cyber P.S. District- East Champaran
======================================================
Manish Kumar Son of Dinesh Patel Resident of Village- Tadhwa Nandpur
Ward No. 3, P.S.- Bairiya, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar. \... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 84633 of 2025
Arising Out of PS. Case No.-139 Year-2025 Thana- Cyber P.S. District- East Champaran
======================================================
Rohit Kumar S/o Nathuni Prasad @ Nathuni Mahto R/o Village -
Tadhwanandpur, P.S - Bairiya, District - West Champaran.... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 84996 of 2025
Arising Out of PS. Case No.-139 Year-2025 Thana- Cyber P.S. District- East Champaran
======================================================
Anand Kumar S/o- Lal Babu Prasad @ Lal Babu Prasad Yadav @ Lal Babu
Yadav Resident of Vill- Tadhwa Nandpur, Ward No-03, P.S.- Bairiya, Dist-
West Champaran. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 2594 of 2026
Arising Out of PS. Case No.-139 Year-2025 Thana- Cyber P.S. District- East Champaran
======================================================
RAJKRIT KUMAR Son of Surendra Prasad @ Surendra Patel Resident of
Village - Bada Baudha, P.S.- Sugauli, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
Patna High Court CR. MISC. No.83795 of 2025(3) dt.06-02-2026
2/9
(In CRIMINAL MISCELLANEOUS No. 83795 of 2025)
For the Petitioner/s : Mr.Sanjeev Kumar Shrivastava, Advocate
For the Opposite Party/s : Mr.Arun Kumar Pandey, APP
(In CRIMINAL MISCELLANEOUS No. 84633 of 2025)
For the Petitioner/s : Mr.Priyesh Kumar, Advocate
For the Opposite Party/s : Mr.Ajay Kumar No. 2, APP
(In CRIMINAL MISCELLANEOUS No. 84996 of 2025)
For the Petitioner/s : Mr.Sanjeev Kumar, Advocate
Mr. Ritesh Kashyap, Advocate
Mr. Raushan Raj, Advocate
For the Opposite Party/s : Mr.Mukesh Kumar Singh
(In CRIMINAL MISCELLANEOUS No. 2594 of 2026)
For the Petitioner/s : Mr.Suraj Kumar Tiwari, Advocate
For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 06-02-2026 Cr. Misc. No. 83795 of 2025
Heard learned counsel appearing on behalf of
the petitioner and learned A.P.P. for the State.
2. The accused/petitioner seeks bail in
connection with Motihari Cyber P.S. Case No. 139 of
2025 registered for the offences under Sections
318(4), 319(2), 338, 336(3), 316(2), 308(5), 317(5),
61(2) of the Bhartiya Nyay Sanhita, 2023 (in short, the
‘B.N.S.’) and section 66(C), 66(D) of the I.T. Act.
3. The accused/petitioner is named in the First
Information Report and is in custody since 26.08.2025.
4. As per FIR, on secret information a raid was
conducted by the informant, who is a police officer,
where several electronic gadgets like laptop, mobile
phone and several documents like Aadhar, passbook
and huge ATM Cards were said to be recovered.
Patna High Court CR. MISC. No.83795 of 2025(3) dt.06-02-2026
3/9
5. It is submitted by learned counsel appearing
on behalf of the petitioner that the mobile in issue
which alleged to be used for committing cyber fraud
was not registered in the name of petitioner, as the
same was registered in the name of co-accused Raj
Krit Kumar, therefore except suspicion nothing appears
incriminating against this petitioner. It is submitted
that the allegation as alleged through FIR be taken into
consideration, a mobile in issue which registered in the
name of Raj Krit Kumar must to be recovered from the
possession of this petitioner, which is not the case of
prosecution. While concluding the argument, it is
submitted that investigation of this case is already
completed and as such, there is no chance of
tampering with the evidence. Petitioner is a man of
clean antecedent.
6. Learned A.P.P. opposed the prayer of bail.
7. In view of aforesaid factual submission and
by taking note of the fact as the mobile which alleged
to be used for committing cyber fraud is not appears
registered in the named of petitioner, coupled with the
fact the investigation of this case already concluded,
where petitioner is a man of clean antecedent, remains
in custody since 26.08.2025, accordingly, above-
Patna High Court CR. MISC. No.83795 of 2025(3) dt.06-02-2026
4/9
named petitioner is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial
Magistrate, East Champaran, Motihari/concerned court,
in connection with Motihari Cyber P.S. Case No. 139 of
2025, subject to the condition as laid down under
Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya
Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
Cr. Misc. No. 84633 of 2025
Heard learned counsel appearing on behalf of
the petitioner and learned A.P.P. for the State.
2. The accused/petitioner seeks bail in
connection with Motihari Cyber P.S. Case No. 139 of
2025 registered for the offences under Sections
318(4), 319(2), 338, 336(3), 316(2), 308(5), 317(5),
61(2) of the Bhartiya Nyay Sanhita, 2023 (in short, the
‘B.N.S.’) and section 66(C), 66(D) of the I.T. Act.
3. The accused/petitioner is named in the First
Information Report and is in custody since 26.08.2025.
4. As per FIR, on secret information a raid was
conducted by the informant, who is a police officer,
where several electronic gadgets like laptop, mobile
phone and several documents like Aadhar, passbook
Patna High Court CR. MISC. No.83795 of 2025(3) dt.06-02-2026
5/9
and huge ATM Cards were said to be recovered.
5. It is submitted by learned counsel appearing
on behalf of the petitioner that name of petitioner
transpired on the basis of confessional statement of
co-accused Manish Kumar. The mobile in issue which
alleged to be used for committing cyber fraud was not
registered in the name of petitioner, as the same was
registered in the name of co-accused Raj Krit Kumar,
therefore except suspicion nothing appears
incriminating against this petitioner. It is submitted
that the allegation as alleged through FIR be taken into
consideration, a mobile in issue which registered in the
name of Raj Krit Kumar must to be recovered from the
possession of this petitioner, which is not the case of
prosecution. While concluding the argument, it is
submitted that investigation of this case is already
completed and as such, there is no chance of
tampering with the evidence. Petitioner is a man of
clean antecedent.
6. Learned A.P.P. opposed the prayer of bail.
7. In view of aforesaid factual submission and
by taking note of the fact as the mobile which alleged
to be used for committing cyber fraud is not appears
registered in the named of petitioner, coupled with the
Patna High Court CR. MISC. No.83795 of 2025(3) dt.06-02-2026
6/9
fact the investigation of this case already concluded,
where petitioner is a man of clean antecedent, remains
in custody since 26.08.2025, accordingly, above-
named petitioner is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount
each to the satisfaction of learned Additional Chief
Judicial Magistrate-IV, East Champaran,
Motihari/concerned court, in connection with Cyber P.S.
Case No. 139 of 2025, subject to the condition as laid
down under Section 437(3) Cr.P.C/Section 480(3) of the
Bhartiya Nagarik Suraksha Sanhita (in short
“B.N.S.S.”).
Cr. Misc. No. 84996 of 2025
Heard learned counsel appearing on behalf of
the petitioner and learned A.P.P. for the State.
2. The accused/petitioner seeks bail in
connection with Motihari Cyber P.S. Case No. 139 of
2025 registered for the offences under Sections
318(4), 319(2), 338, 336(3), 316(2), 308(5), 317(5),
61(2) of the Bhartiya Nyay Sanhita, 2023 (in short, the
‘B.N.S.’) and section 66(C), 66(D) of the I.T. Act.
3. The accused/petitioner is named in the First
Information Report and is in custody since 26.08.2025.
Patna High Court CR. MISC. No.83795 of 2025(3) dt.06-02-2026
7/9
4. As per FIR, on secret information a raid was
conducted by the informant, who is a police officer,
where several electronic gadgets like laptop, mobile
phone and several documents like Aadhar, passbook
and huge ATM Cards were said to be recovered.
5. It is submitted by learned counsel appearing
on behalf of the petitioner that name of petitioner
transpired on the basis of confessional statement of
co-accused Manish Kumar. The mobile in issue which
alleged to be used for committing cyber fraud was not
registered in the name of petitioner, as the same was
registered in the name of co-accused Raj Krit Kumar,
therefore except suspicion nothing appears
incriminating against this petitioner. It is submitted
that the allegation as alleged through FIR be taken into
consideration, a mobile in issue which registered in the
name of Raj Krit Kumar must to be recovered from the
possession of this petitioner, which is not the case of
prosecution. While concluding the argument, it is
submitted that investigation of this case is already
completed and as such, there is no chance of
tampering with the evidence. Petitioner is a man of
clean antecedent.
6. Learned A.P.P. opposed the prayer of bail.
Patna High Court CR. MISC. No.83795 of 2025(3) dt.06-02-2026
8/9
7. In view of aforesaid factual submission and
by taking note of the fact as the mobile which alleged
to be used for committing cyber fraud is not appears
registered in the name of petitioner, coupled with the
fact the investigation of this case already concluded,
where petitioner is a man of clean antecedent, remains
in custody since 26.08.2025, accordingly, above-
named petitioner is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount
each to the satisfaction of learned Additional Chief
Judicial Magistrate-IV, East Champaran,
Motihari/concerned court, in connection with Cyber P.S.
Case No. 139 of 2025, subject to the condition as laid
down under Section 437(3) Cr.P.C/Section 480(3) of the
Bhartiya Nagarik Suraksha Sanhita (in short
“B.N.S.S.”).
Cr. Misc. No. 2594 of 2026
Heard learned counsel appearing on behalf of
the petitioner and learned Additional Public Prosecutor
appearing on behalf of the State.
2. It is submitted by learned counsel
appearing on behalf of the petitioner that the
petitioner provided his mobile to co-accused persons,
Patna High Court CR. MISC. No.83795 of 2025(3) dt.06-02-2026
9/9
when same was asked being neighbour for transfer of
money to his ailing father. It was misused by co-
accused and when after the alleged misuse of the
phone, the bank account of petitioner was freezed,
petitioner himself reported the matter to the cyber
fraud online portal.
3. In view of aforesaid, let no coercive
action shall be taken against petitioner till further
order.
4. In the meantime, let a legible copy of the
case diary be called for in connection with Motihari
Cyber P.S. Case No. 139 of 2025 from the Court of
learned A.C.J.M.-4 East Champaran, Motihari/concerned
Court, positively on or before next date of hearing.
5. Re-notify this case on 20.02.2026.
(Chandra Shekhar Jha, J)
veena/-
U T
Checking your session…