Patna High Court

Kanhai KumarversusThe State of Bihar

Decided: 6 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Kanhai Kumar, sought regular bail in a case registered under multiple sections of the Bharatiya Nyaya Sanhita and the Information Technology Act. The prosecution’s case was based on a raid of the petitioner’s house, during which eight mobile phones, a passbook, identity documents and ATM cards were recovered, allegedly based on a co‑accused’s confessional statement. The petitioner contended that there was no specific complaint of cheating or cyber fraud against him and that the recovered items merely belonged to him, emphasizing his clean antecedents and that he had been in judicial custody since 15‑08‑2025. The State opposed bail, arguing the seriousness of the offences. The court, after considering the lack of direct evidence linking the petitioner to a cyber fraud and his personal circumstances, ordered his release on bail upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious offences alleged under the Bharatiya Nyaya Sanhita and the IT Act.
Whether the recovery of the petitioner’s personal documents and mobile phones suffices to establish his participation in cyber fraud.

Legislation cited

Bharatiya Nyaya Sanhita — s. 111, 303(2), 317(2), 317(5), 318(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2), 61(2)
Information Technology Act — s. 66(B), 66(C), 66(D)

Subjects

regular bail
cyber crime
Information Technology Act
Bharatiya Nyaya Sanhita
bail bond
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88584 of 2025
                       Arising Out of PS. Case No.-134 Year-2025 Thana- Cyber P.S. District- Nawada
                 ======================================================
                 Kanhai Kumar Son of Rakesh Prasad Resident Of Village- Kunj, Ps- Roh,
                 Dist- Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Deepak Kumar, Advocate
                 For the Opposite Party/s :        Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-01-2026                  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 303(2),

                   318(2), 318(4), 338, 319(2), 336(2), 336(3), 340(2), 111, 317(2),

                   317(5) & 61(2) of the Bharatiya Nyaya Sanhita and under Sections

                   66(B), 66(C) and 66(D) of the Information Technology Act.

                                3. The case of the prosecution, in short, is that the

                   house of this petitioner was raided on the confessional statement

                   of one co-accused Pintu Kumar and from the house of this

                   petitioner 08 mobile phones, passbook, ID, Aadhar, PAN card and

                   ATM cards were recovered.

                                4. Learned counsel for the petitioner submits that save

                   and except this recovery there is nothing against the petitioner and
            Patna High Court CR. MISC. No.88584 of 2025(2) dt.06-01-2026
                                                        2/2




                      there is no complaint against him of cheating anybody or

                      committing cyber fraud with any person. Only recovery of mobile

                      phones, passbook, PAN card and ATM’s which are of the

                      petitioner, the case under cyber fraud cannot be made out. It is

                      only the assumption of the informant. Learned counsel for the

                      petitioner has submitted that the petitioner is a man of clean

                      antecedent and is in judicial custody since 15.08.2025.

                                   5. Learned Additional Prosecutor for the State has

                      vehemently opposed the bail application of the petitioner.

                                   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 P.S. Case No. 134 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 A.C.J.M.-VI,

                      Nawada.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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