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Patna High Court

Vikas kumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied to the petitioners.

Summary

The petitioners, a group of individuals from Banka district, were charged with cyber fraud offences under Sections 336(3), 340(2), 318(3), 318(4), 111(3), 111(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66C and 66D of the Information Technology Act. The prosecution alleged that they operated a fraudulent online platform called “WIN ADDA” and that a raid recovered mobile phones, ATM cards, SIM cards, a laptop and two motorcycles from their possession. The petitioners contended that the seized items belonged to them bona‑fide, that no incriminating material was found, and that the case was based only on suspicion and a confessional statement of one petitioner. The State opposed bail, arguing the seriousness of the cyber‑fraud allegations. The Court, after considering the facts and the fact that the recovery was made from the petitioners’ possession, refused to grant bail, directing that they may re‑apply after the charge‑sheet is framed.

Issues considered

  • Whether bail should be granted to the accused persons charged with cyber fraud under the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act.

Legislation cited

Subjects

  • bail
  • cyber fraud
  • Information Technology Act
  • Bharatiya Nyaya Sanhita
  • seizure
  • suspicion
  • confessional statement

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.91964 of 2025
            Arising Out of PS. Case No.-28 Year-2025 Thana- Cyber P.S. District- Banka
     ======================================================
1.    Vikas kumar son of Ram Das Yadav Resident of village Barbasini, Police
      Station-Katoria, District- Banka.
2.   Dilip Kumar Son of Binod Yadav Resident of village Pipradih, Police
     Station-Katoria. District- Banka.
3.   Manish Kumar Son of Ajay Yadav Resident of village - Pipradih, Police
     Station-Katoria,District- Banka.
4.   Chandra Shekhar Yadav Son of Late Daho Yadav Resident of village-
     Mothbadi, Police Station- Katoria, District- Banka.
5.    Pradip Kumar Son of Sunil Yadav Resident of village - Doodhi Jharna,
      Police Station-Odhani Dame, District- Banka.
                                                             ... ... Petitioners.
                                       Versus
     The State of Bihar.                               ... ... Opposite Party.
     ======================================================
                                             WITH
                   CRIMINAL MISCELLANEOUS No. 496 of 2026
            Arising Out of PS. Case No.-28 Year-2025 Thana- Cyber P.S. District- Banka
     ======================================================
     Chandan Kumar @ Chandan Kumar Yadav S/O Hira Yadav Resident of
     village - Belatikar, P.S- Jasidih, District- Deoghar(Jharkhand)
                                                                       ... ... Petitioner.
                                            Versus
     The State of Bihar.                                       ... ... Opposite Party.
     ======================================================
                                             WITH
                   CRIMINAL MISCELLANEOUS No. 711 of 2026
            Arising Out of PS. Case No.-28 Year-2025 Thana- Cyber P.S. District- Banka
     ======================================================
     Baidyanath Yadav @ Baidnath Kumar @ Baijdyanath Kumar @ Baijnath
     Kumar @ Baijdyanath Yadav Son of Tarni Yadav Resident of Village-
     Barbasini, P.S.- Katoria, District- Banka.         ... ... Petitioner.
                                          Versus
     The State of Bihar.                          ... ... Opposite Party.
     ======================================================
     Appearance :
     (In CRIMINAL MISCELLANEOUS No. 91964 of 2025)
     For the Petitioners      : Mr. N. K. Agrawal, Sr. Advocate
                                Mr. Md.Najmul Hodda, Advocate
     For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
     (In CRIMINAL MISCELLANEOUS No. 496 of 2026)
     For the Petitioner/s     : Mr. N. K. Agrawal, Sr. Advocate
                                Mr. Md.Najmul Hodda, Advocate
     For the Opposite Party/s : Mr.Ajay Kumar No.2, APP
     (In CRIMINAL MISCELLANEOUS No. 711 of 2026)
     For the Petitioner/s     : Mr. N. K. Agrawal, Sr. Advocate
         Patna High Court CR. MISC. No.91964 of 2025(5) dt.24-02-2026
                                                     2/3




                                                  Mr. Md.Najmul Hodda, Advocate
                 For the Opposite Party/s :       Mr. Prem Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

5   24-02-2026                   As all these bail applications arise out of the same

                   police station case number, with consent of all the parties, they

                   have been heard together for final disposal at this stage itself.

                                2. Heard Mr. N.K. Agrawal, learned senior counsel

                   assisted by Md. Najmul Hodda for the petitioners and learned

                   APP for the State.

                                3. The petitioners seek bail in a case registered for the

                   offence punishable under Sections 336(3), 340(2), 318(3),

                   318(4), 111(3) and 111(4) of the Bharatiya Nyaya Sanhita, 2023

                   and Sections 66 (C) and 66 (D) of the I.T. Act.

                                4.     As per the prosecution case, all these petitioners

                   are engaged in cyber fraud through the online platform ‘WIN

                   ADDA’. During the raid, several mobile phones, ATM cards,

                   SIM cards, a laptop and two motorcycles were recovered.

                               5. It is submitted by learned counsel for the petitioners

                   that recovery of mobile phones, ATM cards and other articles

                   have been made from the possession of these petitioners,

                   however they are bona fide owners of the said articles. It is

                   further submitted that no incriminating material has been

                   collected against them during the course of investigation but on
            Patna High Court CR. MISC. No.91964 of 2025(5) dt.24-02-2026
                                                        3/3




                      mere suspicion and on confessional statement of petitioner,

                      Vikas Kumar, all these petitioners are in custody since

                      08.11.2025 and chargesheet has been submitted.

                                          6. Learned APP for the State vehemently

                      opposing the bail petition submitted that these petitioners are

                      engaged in cyber fraud, as such they do not deserve the

                      privilege of bail.

                                           7. Taking into consideration the facts and

                      circumstances of the case and considering the fact that recovery

                      has been made from the possession of the petitioners, I am not

                      inclined to enlarge the petitioners on bail. The prayer for bail is

                      hereby rejected. However, the petitioners would be at liberty to

                      renew their prayer for bail after framing of charge.


                                                (Soni Shrivastava, J)

Trivedi/-

U       T


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