Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S., 2023 — s. 111(2)(b), 318(2), 318(4), 319(2), 336(2), 336(3), 340(2), 482(2)
- Information Technology Act — s. 66(C), 66(D)
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
Checking your session…