Patna High Court
Neeraj Kumar @ Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner with conditions under Section 480(3) of the BNSS.
Summary
Neeraj Kumar was arrested following a cyber‑raid that uncovered a laptop, mobile phones, ATM cards and other items, and he was charged under multiple sections of the Bihar Negotiable Instruments Act (BNS) and the Information Technology Act. The petitioner contended that he was falsely implicated, that no substantive evidence linked him to the alleged fraud, and that the confessional statement lacked legal sanctity. The State opposed bail, relying on the charge sheet and the seriousness of the offences. The Court examined the lack of concrete material against the petitioner, the fact that no complainant had come forward, and the procedural aspects of the seizure. Considering the circumstances and the period of custody, the Court granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 480(3) of the BNSS. The bail order required the petitioner’s presence at all court dates and stipulated cancellation upon non‑compliance.
Issues considered
- Whether bail should be granted to the petitioner despite the serious cyber‑offences alleged under the BNS and IT Act.
- Whether the absence of a complainant and lack of cogent material justify bail.
- Whether the confessional statement and seized items can be relied upon to deny bail.
- Applicability of Section 480(3) of the BNSS in granting bail.
Legislation cited
- Bihar Negotiable Instruments Act (BNS) — s. 111(2), 317(2), 317(4), 318(2), 318(4), 319(2), 336(2), 336(3), 340(2), 480(3), 61(2)(a), 62
- Information Technology Act — s. 66, 66C, 66D
Subjects
- bail
- cyber crime
- Information Technology Act
- seizure of property
- confessional statement
- Section 480(3)
- Bihar Negotiable Instruments Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91800 of 2025
Arising Out of PS. Case No.-2143 Year-2025 Thana- Cyber P.S. District- Patna
======================================================
Neeraj Kumar @ Niraj Kumar S/o Sunil Mistry Resident of Kapashiyava,
Ward No. 08, P.S.- Hilsa, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shadab Akhter, Adv.
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Patna Cyber P.S. Case No. 2143 of 2025,
registered for the offences under Sections 318(2), 318(4),
319(2), 336(2), 336(3), 340(2), 111(2), 61(2)(a), 62, 317(2),
317(4) of the BNS and Section 66 and 66(C )and 66(D) of the
Information Technology Act.
3. As per the prosecution case, on a tip off about cyber
criminal being present in the house of one Priyanka Singh, a
raid was conducted and this petitioner was apprehended and
from search of the room of the petitioner, recovery of one
laptop, seven mobile phones, five ATM cards, four sim cards,
one cheque book, four passbooks were recovered. Police further
Patna High Court CR. MISC. No.91800 of 2025(3) dt.25-02-2026
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came to know that the petitioner used to run fraudulent websites
for cyber cheating with the help of other coaccused persons.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and he has been
falsely implicated in this case. During investigation, the police
failed to collect any cogent material against the petitioner
showing he committed cheating or fraud. No complainant has
come forward to show that the petitioner cheated him. The
confessional statement made by the petitioner is not having any
legal sanctity. Even the seized articles were not investigated and
nothing has come on record to show that the seized articles
belong to this petitioner or some other persons. Petitioner is in
custody since 12.10.2025. Charge sheet has been submitted.
Petitioner is having antecedent of two cases.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
submission of charge sheet and period of custody, the petitioner
is directed to be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties
of the like amount each to the satisfaction of learned JMFC-03,
Patna High Court CR. MISC. No.91800 of 2025(3) dt.25-02-2026
3/3
Patna/concerned court, in connection with Patna Cyber P.S.
Case No. 2143 of 2025, subject to the condition laid down under
Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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