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2026 DAILYLAW 16151 (PAT)

Vikash Patel @ Vikash Kumar @ Guggu @ Gujju v. The State of Bihar

CR. MISC./25429/2026 · 2026-05-11

Anil Kumar Sinha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25429 of 2026 Arising Out of PS. Case No.-58 Year-2023 Thana- Cyber P.S. District- Nawada ====================================================== Vikash Patel @ Vikash Kumar @ Guggu @ Gujju Son of Umesh Prasad Resident of Village- Jhour, P.S.- Warisaliganj, District- Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Deepak Kumar For the Opposite Party/s : Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 3 11-05-2026 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with Cyber Police Station Case No. 58 of 2023, registered for the offences, under Sections 379/419/420/467/468/471/ 120(B) of the Indian Penal Code and Sections 66/66(b)/66(d)/66(d) of the Information Technology Act, 2000. 3. The prosecution case, as per the First Information Report, is that on 03.11.2023, the police got secret information that one Bhushan Kumar had engaged certain persons from Telangana/Andhra Pradesh for carrying out organized cyber fraud activities, who were residing in a Patna High Court CR. MISC. No.25429 of 2026(3) dt.11-05-2026 2/5 rented house situated at Patel Colony, Warsaliganj Bazaar, and were cheating innocent persons in the name of providing loans through Dhani Finance, India Bulls Loan, allotment of gas agencies and purchase of Simple One electric scooters. The Police thereafter reached the place of occurrence and apprehended four persons. During interrogation, they disclosed that they had come in contact with co-accused Bhushan Kumar through online marketing and were induced to work in cheating by falsely promising loans. They further disclosed the names of several other persons involved in the said activities, including the present petitioner. During search, several mobile phones, Aadhaar cards, ATM/Debit cards, election cards, flight tickets, Email IDs, customer data sheets and other incriminating articles were recovered from different locations, including the house of Bhushan Kumar and a boring room situated in village Jhaur. It has been alleged that Bhushan Kumar was the kingpin of the gang and other accused persons, including the petitioner, are involved in organized criminal activities. 4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in Patna High Court CR. MISC. No.25429 of 2026(3) dt.11-05-2026 3/5 the present case on the basis of disclosure of his name by the arrested co-accused persons. The allegation levelled against the petitioner is general and omnibus in nature and he is not having any criminal antecedent. It is next submitted that nothing has been recovered from the premises of the petitioner. Moreover, no complaint has come to light during investigation to substantiate the allegations, rendering the prosecution case based merely on suspicion. 5. On the other hand, learned Additional Public Prosecutor vehemently opposes the prayer for anticipatory bail and submits that the allegation against the petitioner is serious in nature and disclose his involvement in an organized cyber fraud racket. 6. I have heard learned Counsel for the parties and perused the materials available on records. 7. The Police, on secret information, arrested four persons with incriminating articles which appears to be used in cyber crime. The apprehended accused persons have disclosed that on the direction of the co-accused persons, they operate as an organized gang for committing cyber crime and defrauding innocent villagers on the false Patna High Court CR. MISC. No.25429 of 2026(3) dt.11-05-2026 4/5 pretext of providing loans and other financial benefits. The Police recovered Smart Phones, ATM cards, Passbooks, fight tickets, Email Ids and data entry dairy from the arrested accused persons. It appears that all accused persons have formed an organized gang to defraud the innocent public and 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. Apart from this, such gangs are also actively involved in various cyber frauds, including "digital arrest" scams, fraudulent loans obtained using Aadhaar cards, ATM tampering, unauthorized withdrawals, and similar illicit activities. The cyber fraud is committed by a group of persons and every person plays a different role, for the benefits of the entire gang and the kingpin of the cyber crime etc. 8. Considering the nature of allegation, gravity of offence and the fact that the case is still under investigation, for which, custodial interrogation of the petitioner may be required, I am not inclined to grant anticipatory bail to the petitioner. Patna High Court CR. MISC. No.25429 of 2026(3) dt.11-05-2026 5/5 9. This application is, accordingly, dismissed. Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √