Disposed¶22

Avinash kumar v. The State of Bihar

Patna HC8 Aug 2025CR. MISC./35476/2025

Case brief

AI extract

What is this about?

Anticipatory bail refused — Avinash kumar v. The State of Bihar, Patna High Court, CRIMINAL MISCELLANEOUS No.35476 of 2025, order dt. 08-08-2025 (Chandra Prakash Singh, J); arising from Patrakar Nagar P.S. Case No. 91/2023 dated 29.01.2023, District Patna; cyber fraud / ATM card case; offences u/s 419, 420, 467, 468, 471, 474 and 120B IPC and Section 66C I.T. Act; petitioner alleged mastermind along with co-accused Suryabhushan @ Arvind; co-accused earlier granted regular bail in Cr. Misc. No. 43446/2023 (order dated 08.09.2023); petitioner directed to surrender within six weeks; Court below to consider regular bail on merits without prejudice.

What did the court decide?

Considering the facts and circumstances and the material available on record against the petitioner, no case for grant of anticipatory bail is made out. ¶22

Avinash kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35476 of 2025

¶2

Arising Out of PS. Case No.-91 Year-2023 Thana- PATRAKARNAGAR District- Patna

¶3

======================================================

¶4

Avinash kumar S/o Ram Prakash Sah R/o Village- Babu Bazar, Ward No-12, P.S.-Piribazar, Dist- Lakhisarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance :

¶10

For the Petitioner/s : Mr.Rajesh Kumar For the Opposite Party/s : Mr.Surendra Prasad Singh

¶11

======================================================

¶12

CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

¶13

ORAL ORDER

¶14

2 08-08-2025

¶15

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

¶16

2. The petitioner is apprehending his arrest in connection with Patrakar Nagar P.S Case No. 91/2023 dated 29.01.2023 registered for the offence punishable u/s 419, 420, 467, 468, 471, 474 and 120B of the Indian Penal Code and Section 66C of the I.T. Act.

¶17

3. As per the prosecution case, police apprehended two persons who disclosed that they are members of cyber fraud group and they used to come here to withdraw the money from the ATM. On search, a motorcycle, 16 ATM cards of different banks, cheques of different banks and other paper of Bihar Govt. were recovered. Further, they disclosed that the petitioner

¶18

Patna High Court CR. MISC. No.35476 of 2025(2) dt.08-08-2025 2/3

¶19

and the co-accused, Suryabhushan @ Arvind is the mastermind of their group.

¶20

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The apprehended person disclosed the name of the petitioner. The petitioner has no concern with the alleged occurrence. The other co-accused person has already been granted regular bail by this court vide order dated 08.09.2023 passed in Cr. Misc. No. 43446/2023. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

¶21

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the petitioner and the co-accused person are the mastermind of this group who are giving training and doing cyber frauds.

¶22

6. Considering the aforesaid facts and circumstances of the case as well as the material available on the record against the petitioner, I am of the view that no case for grant of anticipatory bail is made out. The petition is disposed of and the petitioner is directed to surrender to the Court below within six

¶23

Patna High Court CR. MISC. No.35476 of 2025(2) dt.08-08-2025 3/3

¶24

weeks from the date of this order and the Court below may consider the prayer of the bail of the petitioner in accordance with law and on its own merits without being prejudice by this order.

¶25

7. This application is disposed of.

¶26

(Chandra Prakash Singh, J)

¶27

atul/-

¶28

U T

Avinash kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Avinash kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Md. Shahnewaj @ Mohammad Shahnewaz @ Md. Sahnawaz Vs The State of Bihar

Santosh Kumar Pandey Vs The State of Bihar

Wakil Rishidev Vs The State of Bihar

Manoj Rai @ Manoj Ray Vs The State of Bihar

Rakesh Singh @ Rakesh Ranjan Singh @ Rakesh Kumar Singh Vs The State of Bihar

Imam Ansari @ Sugan @ Imam Hussain Vs The State of Bihar