Allowed¶19

Milan Kumar v. The State Of Bihar

Patna HC27 Jul 2026CR. MISC./34793/2026

Case brief

AI extract

What is this about?

Anticipatory bail allowed; cyber fraud raid; BNS Ss. 319(2), 318(4), 338, 336(3), 340(2), 61(2), 111(4), 3(5); I.T. Act Ss. 66(B), 66(d); Warisaliganj P.S. Case No. 400 of 2025, Nawada; parity with co-accused, Cr. Misc. No. 70652 of 2025 (dt. 11.02.2026); Section 482(2) BNSS conditions; ACJM IV Nawada; bail bond Rs.10,000 with two sureties; Milan Kumar v. State of Bihar; Patna High Court CR. MISC. No.34793 of 2026; Harish Kumar, J.

What did the court decide?

Anticipatory bail granted: release on bail in the event of arrest or surrender before the court below within four weeks, upon bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV, Nawada, subject to Section 482(2) BNSS conditions and with one bailor being an own/close family member of the petitioner.

Milan Kumar Vs The State Of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Warisaliganj P.S. Case No. 400 of 2025 (offences under the B.N.S. and the I.T. Act arising from an alleged cyber-fraud raid), is entitled to anticipatory bail.

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Court's answer

Grant of anticipatory bail rests on the nature of allegation, that nothing has surfaced in the course of investigation besides disclosures, the petitioner's fair antecedents, and parity with the co-accused who was granted anticipatory bail.

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Ratio / Principle

The petitioner is to be released on bail in the event of his arrest or surrender before the court below within four weeks of receipt/production of a copy of the order.

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Key takeaways

Bail is upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate IV, Nawada, in connection with Warisaliganj P.S. Case No. 400 of 2025.ratio¶21
Bail is subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be an own/close family member of the petitioner.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail - cyber fraud case (Warisaliganj P.S. Case No. 400 of 2025, District Nawada; offences under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2), 111(4), 3(5) B.N.S. and 66(B), 66(d) I.T. Act) - nothing surfaced in investigation beyond disclosures of apprehended persons; petitioner of fair antecedents; parity with co-accused granted anticipatory bail in Cr. Misc. No. 70652 of 2025 (dt. 11.02.2026) - bail granted in event of arrest/surrender within four weeks on bonds of Rs.10,000/- with two like-amount sureties before Additional Chief Judicial Magistrate IV, Nawada, subject to Section 482(2) Bharatiya Nagrik Suraksha Sanhita, 2023 conditions, one bailor to be own/close family member (Harish Kumar, J).

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34793 of 2026

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Arising Out of PS. Case No.-400 Year-2025 Thana- WARISLIGANJ District- Nawada

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

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Milan Kumar S/O Akhilesh Mistry @ Akhlesh Mistri Resident Of VillageSour Chandipur, P.s- Warisaliganj, District - Nawada

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr. Madan Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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3 27-07-2026

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Heard Mr. Sheo Kumar Prasad, learned Advocate for

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the petitioner and learned Additional Public Prosecutor for the State.

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The petitioner apprehends his arrest in connection with Warisaliganj P.S. Case No. 400 of 2025, registered for the offenses punishable under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2), 111(4), 3(5) of the B.N.S. and 66(B), 66(d) of the I.T. Act.

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The police on tip off regarding assemblage of some person, who were engaged in cyber fraud, conducted raid and apprehended four persons, however, seven persons were succeeded in fleeing away. In course of search, some mobile phones and datas have been collected.

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Learned Advocate for the petitioner submits that save and except the disclosure made by the apprehended

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Patna High Court CR. MISC. No.34793 of 2026(3) dt.27-07-2026 2/3

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persons, no materials have been collected, which suggests the complicity of the petitioner in crime. Neither there is any person, who made a complaint that he or she subjected to any fraud at the hands of the petitioner and others nor any incriminating material has been recovered from the whereabout of the petitioner. The co-accused person facing identical allegation has been allowed the privilege of anticipatory bail by a Coordinate Bench of this Court in Cr. Misc. No. 70652 of 2025 vide order dated 11.02.2026. The petitioner is man of clean antecedent.

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On the other hand, learned Advocate for the State vehemently opposed the bail application.

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Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the nature of allegation, coupled with the fact that nothing has been surfaced in the course of investigation, besides fair antecedent of the petitioner, and his case stands on parity with that of the co-accused person, who has been granted anticipatory bail, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/-

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Patna High Court CR. MISC. No.34793 of 2026(3) dt.27-07-2026 3/3

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(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV, Nawada in connection with Warisaliganj P.S. Case No. 400 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.

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(Harish Kumar, J)

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siddharth/-

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U T

Milan Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Milan Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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