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2026 DAILYLAW 30525 (PAT)

Vishal Kumar Das v. The State of Bihar

CR. MISC./3325/2026 · 2026-01-28

Arun Kumar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3325 of 2026 Arising Out of PS. Case No.-157 Year-2025 Thana- Cyber P.S. District- East Champaran ====================================================== Vishal Kumar Das Son of Mohan Das Resident of Village- Lala Chhapra Tajpur Patkhauliya , P.S.- Kesariya, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar, Advocate For the Opposite Party/s : Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 28-01-2026 Heard learned counsel for the petitioner and learned APP for the State. 02. In the present case, the petitioner seeks bail in connection with Motihari Cyber P.S. Case No. 157 of 2025 registered for the alleged offences under Sections 319(2), 318(4), 338, 336(3), 340, 316(2), 61(2) of BNS and Sections 66(C), 66(D) of I.T. Act. 03. As per prosecution case, the petitioner and other co-accused under a conspiracy got opened a number of accounts of persons in which they used to receive the crime proceeds of cyber fraud. They also obtained mobile Sim cards on the basis of documents of such persons and in this manner, they defrauded a number of persons and withdrew money from their Patna High Court CR. MISC. No.3325 of 2026(2) dt.28-01-2026 2/3 accounts and such persons were also made accused due to deposit of proceeds of cyber crime. 04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The specific allegation is against co-accused Aman Kumar. The petitioner has been falsely implicated due to the fact that his father is a Sarpanch. Nothing incriminating has been recovered from the person or possession of the petitioner. The recovery of passbooks were made from a lodge where the students are residing. The petitioner is also a student. Learned counsel further submits that, in fact, there is no material against the petitioner to show his involvement. The search and seizure have been made in utter violation of the provisions of Section 103 of BNSS. The petitioner is having clean antecedent and he is in custody since 27.09.2025. The charge sheet has been submitted. 05. Learned APP opposes the submission made on behalf of the petitioner. 06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague nature of allegation and also considering the period of custody of the petitioner, his clean antecedent and submission of charge sheet, the petitioner above named is directed to be Patna High Court CR. MISC. No.3325 of 2026(2) dt.28-01-2026 3/3 released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Motihari, East Champaran/concerned Court in connection with Motihari Cyber P.S. Case No. 157 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions : (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. DKS/- (Arun Kumar Jha, J) U T