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Patna High Court

Uttam Kumar @ Utam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the anticipatory bail petitions of Uttam Kumar and Amit Kumar, subject to bail bond and conditions.

Summary

The High Court considered two anticipatory bail petitions filed by Uttam Kumar and Amit Kumar, who were named in FIR No. 242 of 2025 for alleged cyber‑fraud offences under the Bhartiya Nyay Sanhita, 2023 and the Information Technology Act, 2000. Police raids recovered debit cards, mobiles, cash and passports from the residence of co‑accused Gautam Kumar, and the petitioners were present at the time of the raid as Gautam Kumar's brother. The petitioners argued that no incriminating material was found on them and that the search did not comply with Section 103(4) of the B.N.S., contending that further custodial interrogation would be unnecessary. The State opposed the bail, citing the seriousness of the offences. After examining the prima facie lack of material against the petitioners, the Court granted anticipatory bail to both, directing them to surrender within four weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioners in view of the alleged cyber‑fraud offences and the material seized from a co‑accused's premises?
  • Does the presence of the petitioners at the time of the raid, without any incriminating material in their possession, justify denial of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • cyber fraud
  • Information Technology Act
  • Bhartiya Nyay Sanhita
  • search and seizure
  • bail conditions
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.87287 of 2025
                       Arising Out of PS. Case No.-242 Year-2025 Thana- GRIYAK District- Nalanda
                 ======================================================
                 Uttam Kumar @ Utam Kumar S/o Ajit Prasad R/o vill - Parmanandpur, P.S.-
                 Katrisarai (Giriyak), Distt.- Nalanda
                                                                                     ... ... Petitioner
                                                       Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                                                       With
                             CRIMINAL MISCELLANEOUS No. 91977 of 2025
                       Arising Out of PS. Case No.-242 Year-2025 Thana- GRIYAK District- Nalanda
                 ======================================================
                 Amit Kumar S/o Mahesh Kumar @ Mahesh Prasad Resident of village-
                 Permanand Pur, P.S.- Katari Sarai, District- Nalanda
                                                                                     ... ... Petitioner
                                                       Versus
                 The State of Bihar Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 87287 of 2025)
                 For the Petitioner/s     : Mr.Ritesh Kumar Sinha, Advocate
                 For the Opposite Party/s : Mr.Shailendra Kumar, APP
                 (In CRIMINAL MISCELLANEOUS No. 91977 of 2025)
                 For the Petitioner/s     : Mr.Anil Kumar No. I, Advocate
                 For the Opposite Party/s : Mr.Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   09-02-2026              Heard learned counsel for the petitioners and learned

                   APP for the State in both these anticipatory bail petitions.

                            2. The accused-petitioners, named in the F.I.R., are

                   apprehending their arrest in connection with Giriyak

                   (Katrisarai) P.S. Case No. 242 of 2025 registered for the

                   offences punishable under Sections 318(4), 319(2), 336(3),
Patna High Court CR. MISC. No.87287 of 2025(2) dt.09-02-2026
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          338, 339, 370(2), 61(2), 3(5) of the Bhartiya Nyay Sanhita,

          2023 (in short, the ‘B.N.S.’) and section 66(C) & 66(D) of

          the Information Technology Act, 2000.

                    3. The allegation against the petitioners is to involve in

          cyber fraud, where upon police raid, several debit cards,

          mobile, sim cards, cash, passports etc. were recovered from

          the house of co-accused Gautam Kumar. It is alleged that

          petitioners were present at the time of raid conducted by

          police.

                    4. Learned counsel appearing on behalf of the

          petitioner (in Cr. Misc. No. 87287 of 2025) submitted that

          presence of the petitioner in the house of said Gautam Kumar

          at the time of raid was only for the reason that petitioner is

          own brother of said co-accused Gautam Kumar. It is

          submitted that all incriminating materials recovered from the

          house of co-accused Gautam Kumar and being brother of

          Gautam Kumar, this petitioner was implicated in this case

          without having any cogent material. It is pointed out that

          compliance of section 103(4) of the B.N.S.S. regarding

          search of the premises not appears to be followed in the
Patna High Court CR. MISC. No.87287 of 2025(2) dt.09-02-2026
                                            3/5




          present case.

                   5. While concluding argument, learned counsel

          submitted that petitioner found involved in one more criminal

          case of petty nature, in which he is on bail.

                   6. Arguing further, it is submitted that investigation

          qua apprehended co-accused persons has already concluded

          and, therefore, sending the petitioner behind the bar would

          not serve any judicial purpose and also custodial interrogation

          is not required in the present case.

                   7. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail of the petitioner.

                   8. So far as petitioner in Cr. Misc. No. 91977 of 2025

          is concerned, it is submitted by learned counsel appearing on

          behalf of the petitioner that name of this petitioner transpired

          in this case only on the basis of disclosure of apprehended co-

          accused persons and in furtherance of suspicion arising out of

          disclosure, nothing incriminating material appears recovered

          from possession of this petitioner. It is further submitted that

          entire incriminating materials appears recovered from the

          house of co-accused Gautam Kumar.
Patna High Court CR. MISC. No.87287 of 2025(2) dt.09-02-2026
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                   9. While concluding argument, it is submitted by

          learned counsel that petitioner found involved in one more

          criminal case related with excise matter, in which he is on bail.

                   10. In view of aforesaid factual submission and by

          taking note of the fact as prima facie all incriminating

          materials appears recovered/seized from the house of co-

          accused Gautam Kumar, where implication of petitioner

          namely, Uttam Kumar @ Utam Kumar (in Cr. Misc. No.

          87287 of 2025) prima facie appears only being brother of

          said co-accused Gautam Kumar; and in so far as petitioner

          namely, Amit Kumar (in Cr. Misc. No. 91977 of 2025) is

          concerned, prima-facie save and except suspicion arising out

          of disclosure statement of apprehended co-accused persons,

          nothing incriminating material appears to be recovered from

          possession       of     this    petitioner      namely,   Amit   Kumar,

          accordingly, both petitioners namely, Uttam Kumar @ Utam

          Kumar and Amit Kumar, in the event of their arrest/surrender

          within a period of four weeks from this order, are directed to

          be enlarged on bail on furnishing of bail bond of Rs.10,000/-

          (ten thousand only) each with two sureties of the like amount
           Patna High Court CR. MISC. No.87287 of 2025(2) dt.09-02-2026
                                                       5/5




                     each to the satisfaction of learned Chief Judicial Magistrate,

                     Biharsharif, Nalanda /concerned court in connection with

                     Giriyak (Katrisarai) 242 of 2025, subject to the conditions as

                     laid down under Section 438(2) of the Cr.P.C/Section 482(2)

                     of the Bhartiya Nagarik Suraksha Sanhita (in short

                     “B.N.S.S.”).

                              11. Accordingly, both these anticipatory bail petitions

                     stand allowed.


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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