Patna High Court
Arvind Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the bail application, granting bail subject to specified conditions.
Summary
Arvind Kumar Sah applied for bail in a criminal case (PS Case No. 318 of 2025) alleging offences under sections 318(4), 338, 336(3), 111(3), 3(5) of the B.N.S. and sections 66(C) and 66(D) of the Information Technology Act. The prosecution alleged that a police raid at a hotel recovered several ATM and credit cards and passbooks from the petitioner, suggesting involvement in cyber fraud. The petitioner contended that the cards belonged to him, no complaint of cheating had been filed, and there was no evidence linking him to the alleged fraud, also pointing to bail granted to co‑accused. The State opposed bail. The High Court, after considering the circumstances, granted bail on a cash bond of Rs. 10,000 with two sureties and imposed conditions regarding personal appearance, surety relations, and verification of criminal antecedents, stating that the order’s observations would not affect the trial.
Issues considered
- Whether the petitioner is entitled to bail despite the nature of the offences under the B.N.S. and the IT Act.
- Whether the evidence presented by the prosecution justifies denial of bail.
- Whether the petitioner poses a risk of fleeing or tampering with evidence.
Legislation cited
- B.N.S. — s. 111(3), 318(4), 336(3), 338, 3(5)
- Information Technology Act, 2000 — s. 66(C), 66(D)
Subjects
- bail
- cyber fraud
- Information Technology Act
- pre‑trial detention
- criminal procedure
- ATM fraud
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85939 of 2025
Arising Out of PS. Case No.-318 Year-2025 Thana- ARARIA District- Araria
======================================================
Arvind Kumar Sah Son of Jag Narayan sah Resident Of Village- Ward No 12,
Kanayan Madanpur, Police Station- Madanpur District -Araria
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramesh Kumar Singh, Adv.
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner seeks bail in connection with Araria
P.S. Case No. 318 of 2025 dated 07.08.2025 registered for the
offence(s) punishable under Section (s) 318(4), 338, 336(3),
111(3) and 3(5) of the B.N.S. and Sections 66(C) and 66(D) of the
I.T. Act.
3. As per the prosecution case, the informant along with
the police force conducted a raid at the hotel of Shyan Manjar and
apprehended three persons including the petitioner near the A.T.M.
and on search, several ATM cards, Credit cards and passbook of
various accounts were recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this case
Patna High Court CR. MISC. No.85939 of 2025(2) dt.09-01-2026
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and no such illegality has been stated in the F.I.R. was committed
by the petitioner. It has next been submitted that the recovered
ATM cards and Debit cards from the possession of the petitioner
belonged to him. It is also the case of the petitioner that no
complaint has come forward till date to claim that they have been
cheated by the petitioner and the others. It has next been submitted
that even during the course of investigation, nothing has come on
record to substantiate the fact that the petitioner was involved in
cyber fraud or has cheated any individual. Learned counsel has
drawn the attention of this court towards the order passed by the
learned A.D.J.-IV, Araria wherein he has granted bail to
the similarly situated co-accused vide order dated
01.11.2025(Annexure-P/2). It has lastly been submitted that the
petitioner has one criminal antecedent and he is in custody since
07.08.2025.
5. Learned A.P.P. has vehemently opposed the prayer
for bail of the petitioner.
6. Considering the facts and circumstances of the case,
the petitioner is directed to be released on bail on his furnishing
bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned Court
concerned, Araria in connection with Araria P.S. Case No. 318 of
2025, subject to the following terms and conditions :-
Patna High Court CR. MISC. No.85939 of 2025(2) dt.09-01-2026
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(i) One of the bailors shall be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present before
the concerned Court on each and every date of the trial and shall
cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
7. It is made clear that the observations, if any, made in
this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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