Patna High Court
Subodh Kumar@ Subodh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was denied because the nature and gravity of the alleged cyber‑fraud offences warranted custodial interrogation despite the petitioners’ claim of insufficient evidence.
Summary
The petitioners, Subodh Kumar and Vinod Chaudhary, applied for anticipatory bail in connection with a police case alleging involvement in a cyber‑fraud gang that withdrew money from ATMs using counterfeit cards. The prosecution’s case is based primarily on the confession of a co‑accused, Mithun Chaudhary, who alleged that the petitioners received a 5% commission for withdrawing funds on behalf of the gang. The petitioners contended that they were falsely implicated, that no material was recovered from their premises, and that the allegations were vague and based only on suspicion. The State opposed the bail, emphasizing the seriousness of the offences under the Bharatiya Nyaya Sanhita and the Information Technology Act and the need for custodial interrogation. Justice Anil Kumar Sinha held that given the gravity of the alleged cyber‑fraud and the ongoing investigation, anticipatory bail could not be granted. Consequently, the applications for anticipatory bail were dismissed.
Issues considered
- Whether anticipatory bail should be granted when the allegations involve organized cyber‑fraud and the evidence is primarily a co‑accused’s confession.
- Whether the lack of material recovered from the petitioners’ premises and the reliance on suspicion preclude the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 318(4), 336(3), 338, 340(2), 61
- Information Technology Act, 2000 — s. 66(C), 66(D)
Subjects
- anticipatory bail
- cyber fraud
- ATM fraud
- organized crime
- Information Technology Act
- Bharatiya Nyaya Sanhita
- suspicion
- investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87099 of 2025
Arising Out of PS. Case No.-370 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Subodh Kumar@ Subodh Chaudhary S/O Munsi Chaudhary R/O Vill.-
Barchhi Bigha, P.s.- Giriyak, Dist.- Nalanda at Biharsharif
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 89373 of 2025
Arising Out of PS. Case No.-370 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Vinod Chaudhary Son of Mantu Chaudhary @ Mintu Chaudhary R/o Village -
Barchhi Bigha, P.S. - Giriyak in the Dist. of Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 87099 of 2025)
For the Petitioner/s : Mr. Pritish Kumar Lal
For the Opposite Party/s : Mr. Satyendra Prasad
(In CRIMINAL MISCELLANEOUS No. 89373 of 2025)
For the Petitioner/s : Mr. Sunil Kumar
For the Opposite Party/s : Mr. Navin Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 07-05-2026 1. Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of
Giriyak Police Station Case No. 370 of 2025, dated
22.08.2025, disclosing offences under Sections 318(4), 338,
336(3), 303(2), 340(2), 61 of the Bharatiya Nyaya Sanhita,
Patna High Court CR. MISC. No.87099 of 2025(4) dt.07-05-2026
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2023 and 66(C) & 66(D) of the Information Technology Act,
2000.
3. The prosecution case, as per First Information report is that
on 22.08.2025, the police on secret information that a
suspicious person was withdrawing money from the SBI
ATM situated at Bahalpur village, proceeded towards the
place of occurrence and found a person standing inside the
ATM and on seeing the police party, he tried to flee away,
but the police apprehended him and he disclosed his name
as Mithun Chaudhary. Upon search, the police recovered one
mobile phone, three ATM cards in different names, Rs.
16,000/- cash and one motorcycle from his possession. It is
further alleged that the arrested co-accused disclosed that all
the aforesaid ATM cards were fake and had been provided to
him by co-accused persons, namely, Rajesh Kumar, Dilkhush
Raj and Surendra Chaudhary. He further stated that he used
to withdraw money from different ATMs on their behalf, for
which he was paid 5% commission on the withdrawn
amount. Thereafter, the police party proceeded to the house
of Mithun Chaudhary and, upon conducting a search,
recovered cash amounting to Rs.81,000/-, along with ATM
cards, passbooks and other incriminating articles. During
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interrogation, he further disclosed that his brother-in-law had
introduced him to Rajesh Kumar @ Rajesh Chaudhary,
Dharmendra Chaudhary, Mithun Nonia, Vijay Nonia and
Ramparvesh Nonia, who were involved in withdrawal of
money through ATMs. He further stated that his co-villager,
namely, Subodh Kumar @ Subodh Chaudhary (petitioner in
Cr. Misc. No. 87099 of 2025), along with Vinod Chaudhary
(petitioner in Cr. Misc. No. 89373 of 2025), was also
engaged in withdrawing money from ATMs on receiving 5%
commission from Rajesh Kumar @ Rajesh Chaudhary.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in
the present case on the basis of suspicion only. He further
submits that the petitioners have been made accused in this
case on the basis of confessional statement of the arrested co-
accused Mithun Chaudhary who has inimical terms with the
petitioners and the allegations against them are general and
omnibus in nature. It is next submitted that nothing has been
recovered from the premises of the petitioners. Moreover, no
independent witness or material evidence has emerged
during investigation to substantiate the allegations, rendering
the prosecution case based solely on suspicion.
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5. On the other hand, learned A.P.P. for the State opposes the
prayer for anticipatory bail.
6. I have heard learned counsel for the parties and perused the
materials available on records.
7. The Police apprehended one person with incriminating
articles which appears to be used in cyber crime. The
apprehended accused person has disclosed that on the
direction of the co-accused persons, they operate as an
organized gang for committing cyber crime. The Police
recovered Smart Phones, ATM cards, Passbooks and cash
from the arrested accused person. It appears that all accused
persons have formed an organized gang to defraud the
innocent public and 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. Apart from this, such gangs are also actively involved in
various cyber frauds, including “digital arrest” scams,
fraudulent loans obtained using Aadhaar cards, ATM
tampering, unauthorized withdrawals, and similar illicit
activities. The cyber fraud is committed by a group of
persons and every person play a different role, such as some
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of them play tricks in defrauding the account holders, some
of the persons are account lender and some, as in the present
case, withdraws money through ATMs for the benefits of the
entire gang and the kingpin of the cyber crime etc.
8. Considering the nature of allegation and gravity of offence
and the fact that the case is still under investigation, for
which, custodial interrogation of the petitioner may be
required, I am not inclined to grant anticipatory bail to the
petitioners.
9. These applications are, accordingly, dismissed.
(Anil Kumar Sinha, J)
ashwani/-
U T
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