Patna High Court
Sourav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner as the FIR did not disclose any prima facie incriminating material against him.
Summary
Sourav Kumar was arrested in a cyber‑fraud case (Lakhisarai Cyber P.S. Case No.35 of 2025) and has been in custody since 24‑08‑2025. He faced charges under several provisions of the Bhartiya Nyaya Sanhita, 2023 and Sections 66‑C and 66‑D of the Information Technology Act. The petitioner argued that his name appeared only because a co‑accused disclosed it, that no incriminating material was recovered from him, and that he has a clean antecedent. The prosecution opposed bail. The court, noting the absence of prima facie evidence linking the petitioner to the offence, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions under CrPC 437(3) and BNSS 480(3).
Issues considered
- Whether bail should be granted when no incriminating material is found against the accused
- Applicability of bail provisions under CrPC 437(3) and BNSS 480(3) in a cyber‑fraud case
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Bhartiya Nyaya Sanhita, 2023 — s. 318(4), 336(3), 338, 340(2), 61(1)
- Code of Criminal Procedure — s. 437(3)
- Information Technology Act — s. 66-C, 66-D
Subjects
- bail
- cyber fraud
- information technology act
- evidentiary material
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84155 of 2025
Arising Out of PS. Case No.-35 Year-2025 Thana- Cyber P.S. District- Lakhisarai
======================================================
Sourav Kumar Son of Krishnandan Ram Village -Karkrori PS- Halsi, Dist-
Lakhisarai
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Rabi Bhushan, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection with
Lakhisarai Cyber P.S. Case No.35 of 2025 registered for the
offences punishable under Sections 340(2), 338, 336(3),
318(4), 61(1) of the Bhartiya Nyaya Sanhita, 2023 (for short
‘B.N.S.’) as well as Sections 66-C and 66-D of the
Information and Technology Act.
3. The accused/petitioner is named in the FIR and is
in custody since 24.08.2025.
4. Allegation against the petitioner is to involve in
cyber fraud along with other co-accused persons and thus, by
cheated several innocent persons by creating forged
Patna High Court CR. MISC. No.84155 of 2025(2) dt.09-02-2026
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documents, etc.
5. It is submitted by learned counsel appearing for
the petitioner that name of this petitioner transpired on the
basis of disclosure made by apprehended co-accused Sourabh
Kumar. It is submitted that on the basis of which one shop
namely, M/s King Photoshop was raided, with which, this
petitioner was alleged to associate. It is pointed out that
nothing incriminating appears recovered from petitioner,
suggesting his involvement doubtful qua crime in question.
Petitioner claimed clean antecedent.
6. Learned APP opposed the prayer for grant of bail to
the petitioner.
7. In view of aforesaid factual submissions and by
taking note of fact as FIR itself suggest that no incriminating
material prima facie appears to be recovered from possession
of this petitioner suggesting his involvement doubtful with
crime in question, where petitioner remains in custody since
24.08.2025, accordingly, the petitioner, above-named, is
directed to be released on bail furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
Patna High Court CR. MISC. No.84155 of 2025(2) dt.09-02-2026
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like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Lakhisarai in connection with Lakhisarai
Cyber P.S. Case No.35 of 2025 subject to the conditions as
laid down under Section 437(3) of the Code of Criminal
Procedure (for short ‘CrPC’)/under Section 480(3) of the
Bhartiya Nagrik Suraksha Sanhita (for short ‘BNSS’).
(Chandra Shekhar Jha, J)
Rajeev/-
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