Patna High Court

Guddu KumarversusThe State of Bihar

Decided: 5 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Guddu Kumar was arrested in a cyber‑fraud case (PS‑79/2025) alleging that he, as an associate of Abhishek Pandey, used other persons' bank accounts to launder proceeds of fraud. The prosecution relied on the co‑accused’s statement, while the petitioner claimed innocence, stating that only items from a cyber‑café were recovered and that he was merely an employee with no prior criminal record. He highlighted that a co‑accused, Vikram Kumar Singh, had been granted bail in a similar case. The court examined the lack of direct recovery from the petitioner, his clean antecedent, and the precedent bail order. Finding the circumstances favorable, the court granted regular bail on a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious nature of the cyber‑fraud allegations

Legislation cited

BNS — s. 111(2), 316(2), 318(4), 319(2), 337, 3(5)
Information Technology Act — s. 66(B), 66(C), 66(D), 66(E)

Subjects

regular bail
cyber fraud
IT Act
criminal procedure
bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87997 of 2025
                     Arising Out of PS. Case No.-79 Year-2025 Thana- Cyber P.S. District- Muzaffarpur
                 ======================================================
                 Guddu Kumar S/O Nagendra Kumar Sah Resident of Village and Post-
                 Madhopur, P.S.- Mushari, District- Muzaffarpur, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs. Shashi Priya, Advocate
                                                   Mr. Ritway Raman, Advocate
                                                   Ms. Pamphuri, Advocate
                 For the Opposite Party/s :        Mr.Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   05-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 3 (5), 111

                   (2), 316 (2), 318(4), 319(2) and 337 of the BNS and Section 66

                   (B), ( C), (D) and (E) of the I.T. Act.

                                 3. The case of the prosecution is that one Abhishek

                   Pandey disclosed before the police that petitioner is his

                   associate in committing Cyber fraud. Their role, as alleged, is

                   that they used the bank account of other persons for getting the

                   proceeds of Cyber fraud and the account holders were paid Rs.

                   1.2 percent.

                                 4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.87997 of 2025(3) dt.05-02-2026
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          petitioner is innocent and has falsely been implicated in

          connection with the present case. It is further submitted that

          name of the petitioner has surfaced in the statement of co-

          accused. As far as the recovery is concerned, the recovery has

          been made from Cyber Cafe of one Mahavir @ Sonu. It is

          further submitted that the items recovered from the said Cyber

          Cafe are general items normally found in Cyber Cafe. It is

          further submitted that no recovery has been made from the

          present petitioner and that he is merely an employee of that

          Cafe. It is further submitted that co-accused, namely, Vikram

          Kumar Singh, having similar allegation, has been granted bail

          by a Bench of this Court vide order dated 12.12.2025 passed in

          Cr. Misc. No. 83989 of 2025. The case of this petitioner stands

          on similar footing. Moreover, the petitioner is languishing in

          judicial    custody       since    07.08.2025        having   no   criminal

          antecedent.

                       5. Learned APP appearing for the state has opposed

          the prayer of regular bail.

                       6. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on

          bail in connection with Cyber (Muzaffarpur) P.S. Case No. 79
            Patna High Court CR. MISC. No.87997 of 2025(3) dt.05-02-2026
                                                        3/3




                      of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand)

                      with two sureties of the like amount each to the satisfaction of

                      learned JMFC (East) Muzaffarpur.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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