IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86379 of 2025 Arising Out of PS. Case No.-33 Year-2025 Thana- Cyber P.S. District- Khagaria ====================================================== Dipak Kumar @ Deepak Kumar S/o Vishundeo Singh @ Vishnudev Singh Resident of Village- Dharampur Banni, P.S.- Maheshkhunt, District- Khagaria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gaurav Kumar, Advocate For the Opposite Party/s : Mr. Anish Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 4 01-04-2026 Heard learned counsel for the parties concerned. 2. The petitioner apprehends his arrest in connection with Cyber P.S. Case No. 33 of 2025 registered for the offence under Sections 318(2), 319(2), 303(2), 111, 3(5) of Bharatiya Nyaya Sanhita, 2023 and 66(b)/66(d) of the Information Technology Act, 2000. 3. The prosecution case in brief is that the FIR lodged by Santosh Kumar alleged that the petitioner along with co-accused Ashish Raj allegedly induced the informant and others to open bank accounts and obtain SIM cards on the pretext of providing jobs. They took Patna High Court CR. MISC. No.86379 of 2025(4) dt.01-04-2026 2/4 control of the bank documents and SIMs, which were later used for committing Cyber fraud involving transactions worth crores of rupees. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on the basis of ulterior motive. He further submits that from bare perusal of the FIR, it appears that the alleged occurrence took place on 06.07.2024, whereas the present case has been lodged after an inordinate delay of approximately 14 months, and no plausible explanation has been given by the informant for such delay, which creates serious doubt over the entire prosecution case against the petitioner. The specific accusation is that the informant had gone with Ashish Raj to the banks in question, and Ashish Raj who took the informant’s passbooks, ATM cards, cheque book, and mobile SIM cards, and also assured him regarding the job and salary; no specific overt act has been alleged against the petitioner. No incriminating evidence has come on record during the course of the investigation. The petitioner was Patna High Court CR. MISC. No.86379 of 2025(4) dt.01-04-2026 3/4 neither associated with the co-accused Ashish Raj nor did he participate in the alleged occurrence in any manner. Learned counsel lastly submits that the informant and the petitioner are co-villagers, and there is dispute regarding the boundary of land which is pending between them for which informant falsely implicated the petitioner in the present case. 5. I have heard learned counsel for the parties and perused the materials on record. The police seized passbooks, ATM Cards, cheque book, and mobile SIM cards from accused persons. They allured the victims and opened bank account of about 20 to 25 villagers and also obtained SIM cards in their names in order to conceal their identity while committing Cyber fraud. The accused persons appear to have formed a gang to defraud the innocent public. The phishing/cyber fraud is rampant in the area where the attackers try to trick individuals into providing user names, password and other details and are indulged in e-mail phishing, voice phishing, SMS phishing etc. and the case is still under investigation, for Patna High Court CR. MISC. No.86379 of 2025(4) dt.01-04-2026 4/4 which, custodial interrogation of the petitioner may be required, I am not inclined to grant the privilege of anticipatory bail to the petitioner. 6. Accordingly, the prayer for bail is rejected. Siwani/- (Anil Kumar Sinha, J) U T