Patna High Court

Pintu KumarversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner.

Summary

Pintu Kumar petitioned for bail in a cyber‑related case (Cyber P.S. Case No. 134 of 2025) involving offences under the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act. The prosecution alleged that during a raid on co‑accused Kanhai Kumar’s house, several mobile phones and identity documents were seized, implicating the petitioner. The petitioner’s counsel argued that he was falsely implicated, no specific overt act was alleged against him, and that a co‑accused had already been granted bail, while noting the petitioner’s lack of criminal antecedents and prolonged custody since 15‑08‑2025. The State opposed bail. Considering the lack of specific evidence, the petitioner’s clean record, and the period of custody, the Court inclined to grant bail, ordering a bond of Rs. 15,000 with two sureties of equal amount.

Issues considered

Whether the petitioner is sufficiently implicated to deny bail under the listed sections of the Bharatiya Nyaya Sanhita and the IT Act
Whether the petitioner’s right to bail is outweighed by the nature of the alleged offences and the period of custody

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — 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

bail
cyber crime
IT Act
Bharatiya Nyaya Sanhita
false implication
co‑accused
custody
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90644 of 2025
                       Arising Out of PS. Case No.-134 Year-2025 Thana- Cyber P.S. District- Nawada
                 ======================================================
                 Pintu Kumar S/O Vijay Prasad Resident of Village- Kunj, P.S- Roh, District-
                 Nawada.
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Raj Kumar, Advocate
                 For the Opposite Party/s :        Mr.Shailendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Cyber

                   P.S. Case No. 134 of 2025, instituted for the offences 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, 2023 and Section 66(B), 66(C), 66(D) of the I.T. Act.

                               3. Prosecution case, in short, is that during raid by the

                   Police in a cyber case, 08 mobile phones, passbook, ID, Aadhar,

                   PAN card and ATM cards were recovered from the house of co-

                   accused Kanhai Kumar.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. He

                   further submitted that the alleged recovery of mobile phones
           Patna High Court CR. MISC. No.90644 of 2025(2) dt.13-01-2026
                                                       2/2




                     and other documents have been made from the house of co-

                     accused. Learned counsel for the petitioner submits that general

                     and omnibus allegation has been made against the petitioner.

                     No specific overt act is alleged against the petitioner. He further

                     submitted that other co-accused Kanhai Kumar has been granted

                     privilege of bail by a co-ordinate Bench of this Court on

                     06.01.2026 passed in Criminal Miscellaneous No. 88584 of

                     2025. It has been submitted on behalf of the petitioner that the

                     petitioner is in custody since 15.08.2025 and has no criminal

                     antecedent.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, as also the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Cyber P.S. Case No.

                     134 of 2025.


                                              (Rudra Prakash Mishra, J)
manish/-

U      T

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