Patna High Court
Avinash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail.
Summary
Avinash Kumar was arrested in a cyber‑crime case for allegedly creating a fake website that mimics the Patna High Court, violating Sections 337 and 336(3) of the B.N.S. and Section 66 of the Information Technology Act. The FIR was lodged by the Registrar General after the fake site was discovered during a Google search. During investigation, a co‑accused, Ram Babu Yadav, gave a confessional statement that named the petitioner, but no direct incriminating material was found against him. The petitioner argued that he is innocent, has no prior criminal record, and has been in custody since 25‑04‑2025, while the co‑accused had already been granted bail. The State opposed bail, but the Court, after weighing the lack of substantive evidence and the petitioner’s clean record, ordered that bail be granted on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail in respect of offences under Sections 337, 336(3) of the B.N.S. and Section 66 of the IT Act.
- Whether the confessional statement of a co‑accused suffices to justify denial of bail.
Legislation cited
- B.N.S. — s. 336(3), 337
- Information Technology Act — s. 66
Subjects
- bail
- cyber crime
- fake website
- Information Technology Act
- Section 66
- B.N.S.
- Patna High Court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87289 of 2025
Arising Out of PS. Case No.-19 Year-2025 Thana- Cyber P.S. District- Patna
======================================================
Avinash Kumar, S/O Jay Narayan Lal, Resident of Station Road, Teghra, P.S.-
Teghra, Dist.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subodh Kumar, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Patna Cyber P.S. Case No. 19 of 2025 registered for the
offence punishable under Sections 337 and 336(3) of B.N.S.
and Section 66 of the I.T. Act.
3. The case of the prosecution, in short, is that an
F.I.R. was lodged by Registrar General of Patna High Court
alleging that a fake website which closely mimics the official
website of the Hon’ble Patna High Court has been discovered
during the course of browsing of internet and the searching for
Patna High Court through google search engine. The fake
website is hosted on a different url i.e., http://phc.egovbihar.in
containing obsolete date. The glaring difference which suggests
Patna High Court CR. MISC. No.87289 of 2025(2) dt.05-01-2026
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website in issue as fake and illegally hosted is that same was
accessed directly by the user through login page “Employee
Login Menu” by using “Emp. No.” and “Password”, the
provision which is not available in original website of the Patna
High Court.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. The F.I.R. was lodged against unknown. During course of
investigation, one Ram Babu Yadav has given his confessional
statement and in his confessional statement, the name of this
petitioner has surfaced. From perusal of the above facts, it is
clear that nothing incriminating appears during investigation as
to suggest any involvement of this petitioner coupled with the
fact that the petitioner has remain in custody since 25.04.2025.
It has also been submitted that the case of this petitioner stands
on better footing than that of co-accused Ram Babu Yadav who
has already been granted bail by learned Co-ordinate Bench.
Petitioner is having no criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.87289 of 2025(2) dt.05-01-2026
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considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Additional District and Sessions Judge-XIX, Patna in
connection with Patna Cyber P.S. Case No. 19 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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