Patna High Court
AKASH KUMAR @ BUDHAversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to pre‑arrest bail subject to a cash bond and sureties.
Summary
Akash Kumar petitioned for pre‑arrest bail in a cyber‑offence case (Cyber P.S. Case No. 115 of 2025) involving alleged fraud under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Information Technology Act. The prosecution alleged that a raid recovered mobile devices used in a scheme to defraud the public, and a co‑accused’s confessional statement named the petitioner as a provider of mobiles, accounts, QR codes and customer data. The petitioner contended that he was falsely implicated due to local politics, that no material was recovered from him, and that a co‑accused had already been granted anticipatory bail. The State opposed the bail. The court, after considering the nature of the allegations and the petitioner's claim of innocence, ordered that the petitioner be released on pre‑arrest bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the condition under Section 482(2) of the B.N.S., 2023. The bail order is effective for four weeks from the date of the order.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite serious cyber‑offence allegations under the B.N.S. and IT Act.
- Whether the confessional statement of a co‑accused sufficiently justifies denial of bail.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 111, 303(2), 317(2), 317(5), 318(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2), 482(2), 61(2)
- Information Technology Act — s. 66B, 66C, 66D
Subjects
- pre‑arrest bail
- cyber fraud
- Information Technology Act
- Bharatiya Nagarik Suraksha Sanhita
- anticipatory bail
- confessional statement
- political motive
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91757 of 2025
Arising Out of PS. Case No.-115 Year-2025 Thana- Cyber P.S. District- Nawada
======================================================
AKASH KUMAR @ BUDHA S/O MANOJ MISHTRI R/O Vill.- Chakway,
P.S.- Warisaliganj, Dist.- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Mrs. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Cyber P.S. Case No. 115 of 2025 registered for the offence
punishable under Sections 303(2), 318(2), 318(4), 319(2),
336(2), 336(3), 338, 340(2), 111, 317(2), 317(5), 61(2) of the
B.N.S., 2023 and Sections 66(B), 66C, 66(D) of the I.T. Act.
3. The case of the prosecution in short is that on
21.07.2025, police made a raid in village Chakwai and
apprehended Anuj Kumar. A mobile phone was recovered from
him, and two Oppo phones were seized from a nearby house.
Anuj admitted that these devices were used in a cyber-fraud
scheme involving fake height-increase medicine and a bogus
Tata Safari lottery through which money was collected as
Patna High Court CR. MISC. No.91757 of 2025(2) dt.06-02-2026
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registration, TDS, and GST. He named Akash Kumar, provider
of mobiles, accounts, QR codes, and customer data.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner has been falsely
implicated in the case due to local village politics. He also
submits that the name of this petitioner has surfaced in the
confessional statement of co-accused. No recovery has been
made from the possession of this petitioner. He further submits
that Sailesh Kumar, on whose confessional statement the name
of this petitioner has surfaced in this case has already been
granted anticipatory bail by the learned coordinate bench of this
court vide Cr. Misc. No. 76428 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the nature of allegation against the
petitioner, the petitioner, above named, is directed to be released
on pre-arrest bail, in the event of his arrest or surrender before
the Court below within a period of four weeks from today, 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 in connection with Cyber P.S. Case No.
115 of 2025 subject to the condition as laid down under Section
Patna High Court CR. MISC. No.91757 of 2025(2) dt.06-02-2026
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482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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