Dismissed¶¶28

Abhishek Kumar v. The State of Bihar

Patna HC21 Jul 2026CR. MISC./29030/2026

Case brief

AI extract

What is this about?

Patna High Court bail rejection; Cr. Misc. No. 29030 of 2026; Cyber P.S. Case No. 174 of 2025, Gopalganj; cyber fraud gang; forged bank accounts; sale of passbooks and ATM cards; B.N.S. Sections 316(2), 318(4), 319(2), 317(2), 317(4), 336(3), 61(2); I.T. Act Section 66(C); recovery of Rs. 1,05,10,900/- unaccounted cash, 344g gold-like metal, 1.75kg silver-like metal, 79 foreign currency notes, 17 SIM cards, laptops, Venue car BR28AH3161; NCRP complaints; confession before police; charge-sheet dated 16.12.2025; custody since 18.10.2025; co-accused Aditya Kumar bail refused 10.03.2026 in Cr. Misc. No. 15073 of 2026; Justice Girijish Kumar; order dated 21-07-2026.

What did the court decide?

The Court is not inclined to grant regular bail to the petitioner and rejects the bail application. ¶¶28

Abhishek Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the petitioner, accused in Cyber P.S. Case No. 174 of 2025 registered under Sections 316(2), 318(4), 319(2), 317(2), 317(4), 336(3), 61(2) of the B.N.S. and Section 66(C) of I.T. Act, deserves regular bail.

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Court's answer

The Court is not inclined to grant regular bail to the petitioner and rejects the bail application.

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Ratio / Principle

Considering the nature of the offence, the petitioner's confession regarding commission of cyber fraud leading to recovery of the articles alleged in the F.I.R. from his possession, custodial interrogation of the accused is highly required to ascertain the nexus involved in the cyber fraud crime.

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Key takeaways

The petitioner is named in the F.I.R.; a heavy recovery of unaccounted cash to the tune of ₹1,05,10,900/- along with bank passbooks, cheque books, cards, 17 sim cards, passport, mobile phones, laptops, further cash of Rs. 38950/-, foreign currency notes, 344 grams of gold-like metal, 1.75 kg silver-like metal and a Venue car was made from his possession; he confessed guilt before the police; witnesses supported the prosecution version (case diary paragraphs 18-22); his account showed transactions of huge amount (case diary paragraphs 37-39); and a charge-sheet was submitted on 16.12.2025.ratio¶¶24

Detailed headnote1 paragraphs

High Court of Judicature at Patna (Girijish Kumar, J.), oral order dated 21-07-2026 in Criminal Miscellaneous No. 29030 of 2026, arising out of Cyber P.S. Case No. 174 of 2025, District Gopalganj, registered under Sections 316(2), 318(4), 319(2), 317(2), 317(4), 336(3), 61(2) of the B.N.S. and Section 66(C) of I.T. Act — Regular bail application of Abhishek Kumar REJECTED. The Court noted that the petitioner was named in the F.I.R. and that a heavy recovery of unaccounted cash of ₹1,05,10,900/- (besides Rs. 38950/-), 344 grams of gold-like metal, 1.75 kg of silver-like metal, foreign currency, 75 bank passbooks, cheque books, ATM/pan/adhaar cards, passport, 17 sim cards, three mobile phones, two laptops and a Venue car was made from his possession; seized devices were connected with active cyber crime complaints on the National Cyber Crime Reporting Portal (NCRP); the petitioner confessed before the police to being part of a gang opening forged bank accounts and selling passbooks/ATM cards to cyber criminals; witnesses' statements were recorded at case diary paragraphs 18-22 and his account showed transactions of huge amounts (case diary paragraphs 37-39); charge-sheet was submitted on 16.12.2025. Holding the nature of offence, the confession and the recoveries to warrant custodial interrogation to ascertain the nexus of the cyber fraud network, the Court rejected regular bail. The bail prayer of co-accused Aditya Kumar had earlier been refused by a co-ordinate Bench vide order dated 10.03.2026 in Cr. Misc. No. 15073 of 2026.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29030 of 2026

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Arising Out of PS. Case No.-174 Year-2025 Thana- Cyber P.S. District- Gopalganj

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

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Abhishek Kumar S/o Santosh Prasad R/o- Village- Amethi Khurd, P.S.Thawe, District - Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar

=================== Appearance :	... =======================	... Opposite Party/s ============
For the Petitioner/s :	Mr.Anjani Parashar, Adv.
For the Opposite Party/s :	Mr.Asha Devi, APP
For Cyber Crime Unit : ===================	Mr.Vijay Anand, Adv. =======================	============

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CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR ORAL ORDER

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4 21-07-2026

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Heard the learned counsel appearing for the

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petitioner and learned counsel appearing for Cyber Crime Unit as well as learned APP for the State.

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The petitioner seeks regular bail in connection with

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Cyber P.S. Case No. 174 of 2025, registered under Sections 316(2), 318(4), 319(2), 317(2), 317(4), 336(3), 61(2) of the B.N.S. and Section 66(C) of I.T. Act.

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As per the prosecution case, which has been lodged on the basis of the written report submitted by the informant to the effect that on 17-10-2025 at about 21:30 O'clock, informant Varun Kumar Jha, who happens to be the S.H.O. of Thawe P.S. proceeded from P.S. for conducting special raid and at about 22:10 O'clock, when he along with police party was at

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Patna High Court CR. MISC. No.29030 of 2026(4) dt.21-07-2026 2/6

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Kabilashpur Market, in the meantime, informant received secret information that one Abhishek Kumar has kept a lot of money concealed in his house. On such information, at about 22:40 P.M., informant along with police party arrived at village Amethi Khurd and encircled the house of petitioner, Abhishek Kumar. During course of search, two persons were found in the house and on interrogation, they disclosed their name as Abhishek Kumar (petitioner) and Aditya Kumar. On search, Rs. 1,05,10,900/- cash kept in a box, bank passbook, ATM card, cheque book, Adhar card, pan card, passport, registration certificate card, driving license, three mobile phones and two lap-tops were recovered from the house of petitioner. It is alleged that the recovered money and other articles and one Venue Car bearing reg. no. BR28AH3161 were seized and brought by the police at police station along with petitioner and another co-accused and when they were asked about the recovered articles, money and car, they did not gave any answer satisfactorily. On query, petitioner disclosed that they are the gang of cyber fraud and they used to get open forged bank account and they earn money by the selling the pass-book and ATM card to the other cyber criminals. Accordingly, recovered articles, cash and car were seized and prepared seizure-list and

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Patna High Court CR. MISC. No.29030 of 2026(4) dt.21-07-2026 3/6

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accused-petitioners were arrested by the police. On query, apprehended accused-petitioners disclosed that ornaments purchased with the money of cyber fraud has been kept in the house of petitioner and on search, Rs. 38950/- cash, 79 foreign currency notes, 344 gram yellow colour metal like gold, 1.75 k.g. white colour metal like silver, pan card, one bank notice, four ATM card, four wrist watch and 17 sim-cards were recovered from the house of petitioner. On query, apprehended accused-petitioners disclosed that these articles were purchased with the money of cyber fraud.

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The learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has been falsely implicated in this case. It is further submitted that petitioner resides in Dubai for his livelihood and had arrived in India only nine days prior to the alleged occurrence to attend the funeral of his grandmother. He has no concern with the alleged offence at all. He further submits that the petitioner bears no criminal antecedent and he is in custody since 18.10.2025. Therefore, the petitioner deserves the privilege of regular bail.

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Learned APP for the State vehemently opposes the prayer for grant of bail to the petitioner and submits that the petitioner was caught red-handed with massive, unaccounted

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Patna High Court CR. MISC. No.29030 of 2026(4) dt.21-07-2026 4/6

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proceeds of organized cyber crime including 1,05,10,900/- in₹ cash, 344g of gold, 1.75kg of silver, foreign currency, and a Hyundai Venue car alongside operational tools such as 17 SIM cards, 3 mobile phones, 2 laptops, and forged bank passbooks. Furthermore, the seized mobile devices are directly linked to multiple active fraud complaints on the National Cyber Crime Reporting Portal (NCRP) and given the severity of this multistate financial fraud. He further submits that the recovery as alleged in the F.I.R. is sufficient to establish that the petitioner is involved in cyber fraud activities along with his associates. Moreover, the prayer for bail of the co-accused, Aditya Kumar, who has been apprehended by the police from the spot, has already been refused by a co-ordinate Bench of this Court vide order dated 10.03.2026 passed in Cr. Misc. No. 15073 of 2026 and the case of the petitioner stands on similar footing, therefore, the petitioner does not deserve the privilege of regular bail.

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Having considered the rival submissions and after going through the records, it manifest to this Court that the petitioner has been named in the F.I.R. and from his possession, a heavy recovery of unaccounted cash to the tune of ₹1,05,10,900/-, 75 bank passbooks, ATM card, 28 cheque

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Patna High Court CR. MISC. No.29030 of 2026(4) dt.21-07-2026 5/6

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books, Adhaar card, pan card, one bank notice, four ATM cards, four wrist watches, 17 sim cards, passport, registration certificate card, driving lisence, three mobile phones, two laptops, Rs. 38950/- cash, 79 foreign currency notes, 344 grams of gold, 1.75 kg of silver, foreign currency, and a Venue car from the house of the petitioner, along with operational tools comprising 17 SIM cards, laptops, and mobile phones connected with active cyber crime complaints on the National Cyber Crime Reporting Portal (NCRP) have been recovered. Moreover, the petitioner has confessed his guilt before the police and in his confessional statement, he has categorically stated that the petitioner along with others are indulged in commission of cyber fraud offence. Apart from that, several witnesses have supported the prosecution version and their statements have been recorded at paragraphs 18, 19, 20, 21 and 22 of the case diary. It is also evident from the paragraphs 37, 38, 39 of the case diary that the transaction details of the account of the petitioner also go to show that there were transactions of huge amount from his account, which itself established that the petitioner is indulged in illegal transaction of money. Besides that the police after thorough investigation has submitted charge-sheet against the petitioner on 16.12.2025.

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Patna High Court CR. MISC. No.29030 of 2026(4) dt.21-07-2026 6/6

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Considering the nature of offence and the confession of the petitioner with respect to commission of offence of cyber fraud leading to recovery of the articles, as alleged in the F.I.R. from the possession of the petitioner, this court deems it a fit case where custodial interrogation of the accused is highly required in order to ascertain the nexus involved in the cyber fraud crime in which hard earned money of the people at large are on stake and being embezzled by such person like petitioner after forming an unlawful groups, therefore, this court is not inclined to grant regular bail to the petitioner and the same is, hereby, rejected.

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(Girijish Kumar, J)

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amit/-

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Abhishek Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Abhishek 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

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Case details

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