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Patna High Court

Avinash KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                          3/3




                       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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