Patna High Court

Devopom BanarjeaversusThe State of Bihar

Decided: 26 February 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

Anticipatory bail was denied because the nature of the alleged cyber fraud offences did not merit such relief.

Summary

The petitioner, Devopom Banarjea, applied for anticipatory bail in a cyber fraud case (Madhepura Cyber P.S. Case No.67 of 2024) alleging he had taken Rs.2,00,000 from the informant's account. The charges were under sections 303(2) and 318(4) of the Bihar Narcotic Substances Act, 2023, and sections 66(C) and 66(D) of the Information Technology Act. The court examined whether the seriousness of the alleged offences warranted the grant of anticipatory bail. Considering the nature and gravity of the allegations, the judge was not inclined to provide relief. Consequently, the anticipatory bail application was rejected.

Issues considered

Whether anticipatory bail should be granted in a case involving alleged cyber fraud under sections 303(2), 318(4) of the B.N.S., 2023 and sections 66(C), 66(D) of the IT Act

Legislation cited

Bihar Narcotic Substances Act — s. 303(2), 318(4)
Information Technology Act — s. 66(C), 66(D)

Subjects

anticipatory bail
cyber fraud
B.N.S. 2023
IT Act
sections 303(2)
section 318(4)
sections 66(C)
section 66(D)
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.88806 of 2025
                       Arising Out of PS. Case No.-67 Year-2024 Thana- Cyber P.S. District- Madhepura
                  ======================================================
                  Devopom Banarjea Son of Debdoot Banerjea Resident Of village- 04
                  Nilambar Mukherjee Street, Shyam Bazar, S O- Shyam Bazar, Kolkatta, West
                  Bengal
                                                                            ... ... Petitioner
                                                  Versus
                  The State of Bihar
                                                                     ... ... Opposite Party
                  ======================================================
                  Appearance :
                  For the Petitioner        :        Mr. Gopal Kumar Jha, Advocate
                  For the State             :        Mr. Nand Kishore Prasad, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

3    26-02-2026                        Heard learned counsel for the parties.

                                       2.       This application for anticipatory bail arises

                    out of Madhepura Cyber P.S. Case No.67 of 2024 for the

                    offence under sections 303(2)/318(4) of the B.N.S., 2023 and

                    under sections 66(C) / 66(D) of the I.T. Act.

                                       3.       The petitioner is accused of committing

                    cyber fraud and has taken out an amount of Rs.2,00,000/- from

                    the account of the informant.

                                       4.       Considering the nature of allegation levelled

                    against the petitioner, I am not inclined to grant anticipatory bail

                    to the petitioner. Accordingly, this anticipatory bail application

                    is rejected.


                                                            (Sandeep Kumar, J)

pawan/-
U       T

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