Patna High Court

Amit KumarversusThe State of Bihar

Decided: 15 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner.

Summary

Amit Kumar was arrested during a police raid on a house in Patna after a Facebook advertisement offering loans through SBI YONO was traced to a suspicious mobile number. He was charged under several sections of the Bihar Negotiable Securities Act and Sections 66(C) and 66(D) of the Information Technology Act. The petitioner contended that he was falsely implicated, that the mobile number's ownership was not established, and that no cheating allegation existed against him; he also highlighted his lack of criminal antecedents and that the house owner had not been interrogated. The State opposed bail, but the court, after considering the circumstances and the petitioner's claim of innocence, ordered his release on bail with a bond of Rs.10,000 and two sureties. The order reflects the court's view that the bail conditions satisfy the requirements under the applicable statutes.

Issues considered

Whether bail should be granted to the petitioner charged with offences under the B.N.S. and the Information Technology Act in a cyber‑fraud case.

Legislation cited

B.N.S. — s. 112(2)(b), 318(2), 318(4), 319(2), 336(2), 336(3), 340(2)
Information Technology Act — s. 66(C), 66(D)

Subjects

bail
cyber crime
Information Technology Act
Section 66C
Section 66D
false implication
mobile fraud
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89485 of 2025
                       Arising Out of PS. Case No.-1582 Year-2025 Thana- Cyber P.S. District- Patna
                 ======================================================
                 Amit Kumar, S/O Sanjay Kumar, Resident of Village- Meer Bigha, P.O.-
                 Chakwari, P.S.- Varsali, District- Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shadab Akhter, Advocate
                 For the Opposite Party/s :        Mr. Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   15-01-2026                  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. 1582 of 2025 registered for the

                   offence punishable under Sections 318(2), 318(4), 319(2),

                   336(2), 336(3), 340(2) and 112(2)(b) of B.N.S. and Sections

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

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

                   suspicious mobile no. 8981508633 was under complain and it is

                   alleged that on Facebook advertisement was made regarding

                   providing of loan through S.B.I. YONO. On this input, police

                   raided a house near Mahavir Colony, Patna and from the third

                   floor of the house, two persons, namely, the petitioner and one

                   Rahul were apprehended. One mobile was also recovered from
Patna High Court CR. MISC. No.89485 of 2025(2) dt.15-01-2026
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          the petitioner with the alleged mobile number.

                       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. At the time of raid, two persons fled away. They are

          Deepak and Pankaj Kumar. It has further been submitted that

          actually they are the tenant of the room. The petitioner has gone

          there. He is not concerned in any way with the room. It has also

          been submitted that though the suspicious mobile number was

          there in his mobile but during entire investigation, it has not

          been found that in whose name the alleged mobile number was

          registered. It has also been submitted that there is no allegation

          against the petitioner that he has cheated anybody. It has also

          been submitted that the owner of the house has not been

          interrogated by police. Petitioner is a young boy. He is having

          no criminal antecedent and he is languishing in judicial custody

          since 10.07.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named
             Patna High Court CR. MISC. No.89485 of 2025(2) dt.15-01-2026
                                                         3/3




                       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

                       J.M.F.C.-03, Patna in connection with Patna Cyber P.S. Case

                       No.1582 of 2025.


                                                         (Ashok Kumar Pandey, J)

lata/-
U        T

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