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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the B.N.S.S.

Summary

Deepak Kumar applied for anticipatory bail fearing arrest in a cyber‑crime case (Patna Cyber P.S. Case No. 1582 of 2025) involving alleged loan‑fraud advertisements on Facebook. The prosecution’s case rests on a complaint about a suspicious mobile number, a search that led to the arrest of two persons, and a confessional statement by co‑accused Rahul Kumar implicating the petitioner. The petitioner contended that the confessional statement is unreliable because it misidentifies his village and that no other material links him to the offence; he also has no prior criminal record. The State opposed bail. After hearing both sides, the Court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in view of the material, including the co‑accused’s confessional statement.
  • Whether the confessional statement of a co‑accused is sufficient ground to deny bail.
  • Whether the petitioner’s lack of prior criminal antecedents and absence of other incriminating evidence warrant bail.

Legislation cited

Subjects

  • anticipatory bail
  • cyber crime
  • loan fraud
  • confessional statement
  • Information Technology Act
  • Section 66C
  • Section 66D
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9184 of 2026
                       Arising Out of PS. Case No.-1582 Year-2025 Thana- Cyber P.S. District- Patna
                 ======================================================
                 Deepak Kumar S/o Murari Prasad Resident of Village- Dih Nizamat, P.S.-
                 Barbigha, Dist.- Sheikhpura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Praween Kumar, Adv.
                 For the Opposite Party/s :        Mr. Surendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   24-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2.The instant application for anticipatory bail has been

                   filed by the petitioner apprehending his arrest in connection

                   with Patna Cyber P.S. Case No. 1582 of 2025 instituted for the

                   offence under Sections 318(2), 318(4), 319(2), 336(2), 336(3),

                   340(2), 111(2)(b) of the B.N.S., 2023 and Sections 66(C) and

                   66(D) of the I.T. Act.

                                3. The case of the prosecution is that on the basis of

                   information received regarding a complaint against a suspicious

                   mobile       number        8981508633,           bearing        complaint          no.

                   20207250027493, an advertisement had been circulated on

                   Facebook offering loans through SBI Yono. Acting on the

                   location of the said mobile number, a search was conducted on
Patna High Court CR. MISC. No.9184 of 2026(3) dt.24-04-2026
                                            2/3




          the third floor of the house of Manoj Kumar Singh, from where

          two persons were apprehended. They were identified as Amit

          and Rahul. The said suspicious mobile number was recovered

          from the possession of Amit Kumar.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has falsely been implicated in this

          case. He further submits that the name of the petitioner has

          surfaced during the course of investigation in the confessional

          statement of co-accused Rahul Kumar. In his confessional

          statement, Rahul Kumar has alleged that the petitioner had

          involved him in the commission of the offence. Learned counsel

          submits that upon perusal of the said confessional statement, it

          transpires that Rahul Kumar has described the petitioner as his

          co-villager, whereas, in fact, the petitioner is a resident of a

          different village, thereby creating doubt regarding the veracity

          of the statement. It is further submitted that, save and except the

          confessional statement of the co-accused, there is no material

          against the petitioner. No recovery has been made from the

          possession of the petitioner. Moreover, a statement has been

          made in para-3 of this petition that the petitioner has got no

          criminal antecedent.
           Patna High Court CR. MISC. No.9184 of 2026(3) dt.24-04-2026
                                                       3/3




                                  5. In contra, learned APP appearing for the State has

                     opposed the prayer of bail of the petitioner.

                                  6. Having heard learned counsel for the parties and in

                     the facts and circumstances of the case as stated above, this

                     Court is inclined to enlarge the petitioner on bail. The petitioner

                     is directed to surrender in the Court below within a period of

                     four weeks from today and in the event of his arrest or surrender

                     in connection with Patna Cyber P.S. Case No. 1582 of 2025, he

                     will be enlarged 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 learned Judicial Magistrate, 1 st Class-03,

                     Patna, subject to the conditions as laid down under section

                     482(2) of the B.N.S.S.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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