Patna High Court
Sandeep Kumar SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Sandeep Kumar Sah, was arrested in connection with a cyber‑crime case involving alleged SIM‑porting and unauthorized withdrawal of Rs 35,000 from an informant’s bank account, for which he was accused under sections 303(2) and 318(4) of the Bihar Negotiable Instruments Act and sections 66C and 66D of the Information Technology Act. The prosecution’s case relied on a confessional statement of co‑accused Lalit Kumar, who claimed that the stolen mobile’s SIM was used to siphon money and that the petitioner received a Rs 2,000 commission. The petitioner contended that he is innocent, that the only evidence against him is the co‑accused’s statement, and that he has been in judicial custody since 7 October 2025. The State opposed bail, citing a prior criminal antecedent of a different nature. The Court, after considering the facts, found no substantive ground to deny bail and ordered the petitioner’s release on a regular bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under sections 303(2), 318(4) of the Bihar Negotiable Instruments Act and sections 66C, 66D of the IT Act
- Whether the petitioner’s prior criminal antecedent bars the grant of bail
- Whether the confessional statement of the co‑accused is sufficient to justify denial of bail
Legislation cited
- Bihar Negotiable Instruments Act — s. 303(2), 318(4)
- Information Technology Act, 2000 — s. 66C, 66D
Subjects
- bail
- cyber crime
- SIM porting
- Information Technology Act
- sections 66C
- sections 66D
- criminal antecedent
- confessional statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8416 of 2026
Arising Out of PS. Case No.-40 Year-2025 Thana- Cyber P.S. District- Supaul
======================================================
Sandeep Kumar Sah S/o Banarsi Sah R/o Village- Rampur Ward No.13, P.S-
Saurbazar, Dist- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar, Advocate
For the Opposite Party/s : Mr.Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 303 (2) and
318 (4) of the BNS and Sections 66C and 66D of the I.T. Act.
3. The case of the prosecution is that the mobile of
the informant was stolen by an unknown person. The informant
made every endeavor to get his SIM closed. However, the
person who had stolen the mobile phone allegedly managed to
port the SIM card into JIO and a sum of Rs. 35,000/- was
withdrawn from the informant’s bank account.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
Patna High Court CR. MISC. No.8416 of 2026(2) dt.19-02-2026
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during the course of investigation, one Lalit Kumar gave a
confessional statement wherein he stated that one Sujit runs a
group of boys engaged in pickpocketing. According to the said
statement, the stolen mobile was handed over to him and he
used to retain the SIM cards which were subsequently ported in
his name. If any ‘Pay Phone’ or ‘Google Pay’ Account, was
linked to such SIM cards, the amounts therein were withdrawn.
It is further submitted that from the SIM card of the informant, a
sum of Rs. 35,000/- was withdrawn and transferred to the
account of Lalit, out of which Rs. 2000/- was given to him (the
petitioner herein) as commission. It is further submitted that the
petitioner is a shopkeeper and the only role as depicted by the
co-accused is that the money was transferred in his account and
he has taken a commission of Rs. 2000/- out of Rs. 35,000/-. It
is further submitted that save and expect the confessional
statement of co-accused, Lalit Kumar, nothing has come against
him. Moreover, the petitioner is languishing in judicial custody
since 07.10.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail stating that the petitioner has one
criminal antecedent of different nature.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.8416 of 2026(2) dt.19-02-2026
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of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Supaul Cyber P.S. Case No. 40 of 2025
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, Supaul.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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