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Patna High Court

Dipak Kumar @ Deepak KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioner.

Summary

The petitioner, Dipak Kumar, sought anticipatory bail after being implicated in a cyber‑fraud case (Cyber P.S. Case No. 33 of 2025) alleging that he, along with a co‑accused, induced villagers to open bank accounts and obtain SIM cards for fraudulent transactions. The prosecution charged him under Sections 318(2), 319(2), 303(2), 111, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(b) and 66(d) of the Information Technology Act, 2000, asserting that a gang was formed to commit phishing‑related fraud. The petitioner contended that he was falsely implicated due to a personal land‑boundary dispute, highlighted a 14‑month delay in filing the FIR, and argued that no overt act was alleged against him. The court examined the seized bank documents, SIM cards and the nature of the alleged phishing scheme, noting that the investigation was ongoing and custodial interrogation might be required. Considering the seriousness of the alleged offences and the risk of tampering with evidence, the court declined to grant anticipatory bail. Consequently, the petition for bail was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the allegations under the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act, 2000.

Legislation cited

Subjects

  • anticipatory bail
  • cyber fraud
  • phishing
  • Information Technology Act
  • Bharatiya Nyaya Sanhita
  • delay in FIR
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86379 of 2025
                       Arising Out of PS. Case No.-33 Year-2025 Thana- Cyber P.S. District- Khagaria
                 ======================================================
                 Dipak Kumar @ Deepak Kumar S/o Vishundeo Singh @ Vishnudev Singh
                 Resident of Village- Dharampur Banni, P.S.- Maheshkhunt, District- Khagaria

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Gaurav Kumar, Advocate
                 For the Opposite Party/s :         Mr. Anish Chandra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   01-04-2026                           Heard learned counsel for the parties

                   concerned.

                                2. The petitioner apprehends his arrest in

                   connection with Cyber P.S. Case No. 33 of 2025

                   registered for the offence under Sections 318(2), 319(2),

                   303(2), 111, 3(5) of Bharatiya Nyaya Sanhita, 2023 and

                   66(b)/66(d) of the Information Technology Act, 2000.

                                3. The prosecution case in brief is that the FIR

                   lodged by Santosh Kumar alleged that the petitioner along

                   with co-accused Ashish Raj allegedly induced the

                   informant and others to open bank accounts and obtain

                   SIM cards on the pretext of providing jobs. They took
Patna High Court CR. MISC. No.86379 of 2025(4) dt.01-04-2026
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          control of the bank documents and SIMs, which were

          later used for committing Cyber fraud involving

          transactions worth crores of rupees.

                       4. Learned counsel for the petitioner submits that

          the petitioner is innocent and has been falsely implicated

          in this case on the basis of ulterior motive. He further

          submits that from bare perusal of the FIR, it appears that

          the alleged occurrence took place on 06.07.2024, whereas

          the present case has been lodged after an inordinate delay

          of approximately 14 months, and no plausible explanation

          has been given by the informant for such delay, which

          creates serious doubt over the entire prosecution case

          against the petitioner. The specific accusation is that the

          informant had gone with Ashish Raj to the banks in

          question, and Ashish Raj who took the informant’s

          passbooks, ATM cards, cheque book, and mobile SIM

          cards, and also assured him regarding the job and salary;

          no specific overt act has been alleged against the

          petitioner. No incriminating evidence has come on record

          during the course of the investigation. The petitioner was
Patna High Court CR. MISC. No.86379 of 2025(4) dt.01-04-2026
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          neither associated with the co-accused Ashish Raj nor did

          he participate in the alleged occurrence in any manner.

          Learned counsel lastly submits that the informant and the

          petitioner are co-villagers, and there is dispute regarding

          the boundary of land which is pending between them for

          which informant falsely implicated the petitioner in the

          present case.

                       5. I have heard learned counsel for the parties

          and perused the materials on record. The police seized

          passbooks, ATM Cards, cheque book, and mobile SIM

          cards from accused persons. They allured the victims and

          opened bank account of about 20 to 25 villagers and also

          obtained SIM cards in their names in order to conceal

          their identity while committing Cyber fraud. The accused

          persons appear to have formed a gang to defraud the

          innocent public. The phishing/cyber fraud is rampant in

          the area where the attackers try to trick individuals into

          providing user names, password and other details and are

          indulged in e-mail phishing, voice phishing, SMS

          phishing etc. and the case is still under investigation, for
           Patna High Court CR. MISC. No.86379 of 2025(4) dt.01-04-2026
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                     which, custodial interrogation of the petitioner may be

                     required, I am not inclined to grant the privilege of

                     anticipatory bail to the petitioner.

                                  6. Accordingly, the prayer for bail is rejected.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T


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