Patna High Court
Pintu Kumar @ Pintu RajbanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner as no prima facie incriminating evidence was found against him.
Summary
The petitioner, Pintu Kumar, was named in an FIR for alleged cyber fraud under several provisions of the Bhartiya Nyay Sanhita, 2023 and the Information Technology Act, 2000. The investigation uncovered no electronic trail or direct incriminating material against him; his alleged involvement stemmed solely from a co‑accused’s disclosure. The petitioner applied for bail, asserting a clean antecedent, while the State opposed the relief. The court examined whether the mere suspicion arising from the co‑accused’s statement justified denial of bail. Finding that prima facie evidence against the petitioner was lacking, the court ordered his release on bail subject to the conditions of Section 438(2) of the Cr.P.C. and Section 482(2) of the BNS. The bail bond was set at Rs. 10,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted when the only basis of accusation is a co‑accused’s disclosure without electronic or material evidence
- Applicability of Section 438 of the Criminal Procedure Code and Section 482 of the Bhartiya Nyay Sanhita in granting bail
Legislation cited
- Bhartiya Nyay Sanhita, 2023 — s. 111(2), 303(2), 316(2), 318(4), 319(2), 336(3), 338, 340(2), 3(5), 61(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Information Technology Act, 2000 — s. 66, 66-C, 66-D
Subjects
- cyber fraud
- bail
- electronic evidence
- co‑accused testimony
- IT Act
- BNS
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90024 of 2025
Arising Out of PS. Case No.-60 Year-2025 Thana- Cyber P.S. District- Nalanda
======================================================
Pintu Kumar @ Pintu Rajbanshi, S/o Chhote Rajbanshi, R/o Village-Barandi,
P.S.- Katrisarai, Distt-Nalanda
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 09-01-2026 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and
apprehending his arrest in connection with Nalanda Cyber
P.S. Case No. 60 of 2025 registered for the offences
punishable under Sections 111(2), 303(2), 316(2), 318(4),
319(2), 336(3), 338, 340(2), 61(2) read with 3(5) of the
Bhartiya Nyay Sanhita, 2023 (in short ‘BNS’) and Sections
66, 66-C, 66-D of the Information and Technology Act, 2000.
3. The allegation against petitioner is to cheat
innocent people along with other co-accused persons by
committing cyber fraud.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that initially one mobile number was
Patna High Court CR. MISC. No.90024 of 2025(2) dt.09-01-2026
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found involved in alleged cyber fraud i.e., 9038959173 on
the basis of which, police conducted raid in the house situated
at village-Barandi of co-accused and apprehended Bihari
Kumar. It is pointed out that on the basis of disclosure as
made by apprehended co-accused Bihari Kumar, this
petitioner was implicated, against whom, neither any
electronic trail nor any incriminating circumstance/material
surfaced during the course of investigation, which is almost
completed on every aspects. While concluding argument, it is
submitted that petitioner claimed clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact that as save and except suspicion arising
out of disclosure, prima-facie nothing incriminating appears
out of investigation against petitioner, accordingly, petitioner,
above-named, in the event of his arrest or surrender before
the court below within a period of four weeks, is directed to be
released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial
Patna High Court CR. MISC. No.90024 of 2025(2) dt.09-01-2026
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Magistrate, Nalanda at Biharsharif/concerned Court where the
case is pending in connection with Nalanda Cyber P.S. Case
No. 60 of 2025, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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