Created by Fuzzy Cloud

Patna High Court

Sourav KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.