Shivam Kumar Vs State of Bihar (Patna High Court)
Summary: The Patna High Court, in Shivam Kumar Vs The State of Bihar, granted regular bail to the petitioner in connection with Patna Cyber P.S. Case No. 945 of 2026, involving allegations of organised cyber fraud through fictitious loan offers, forged loan approval letters and collection of money from victims under the pretext of processing fees, GST charges and other expenses. The case involved alleged offences under Sections 318(4), 319(2), 336(2), 336(3), 338, 340(2), 112(2), 61(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 66C and 66D of the Information Technology Act. Justice Alok Kumar passed the bail order on 28 October 2026.
According to the prosecution, acting on technical surveillance, the Cyber Police Station, Patna, conducted a raid on an apartment on 1 July 2026 and apprehended the petitioner along with other accused persons. During the subsequent search, the police allegedly recovered one laptop, several mobile phones, ATM cards, cheque books, passbooks, SIM cards, notebooks and cash amounting to ₹6,08,650. The prosecution alleged that the accused persons were operating fake Facebook pages advertising loans and contacting prospective borrowers through mobile phones and WhatsApp.
The alleged fraudulent operation involved sending forged loan approval letters to victims and inducing them to transfer money towards fees, GST charges and other expenses through various payment modes. The investigation allegedly established technical links between the accused persons and multiple complaints registered on the National Cyber Crime Reporting Portal (NCRP). The prosecution further alleged an association between the petitioner and the other accused persons involved in these activities.
The petitioner sought regular bail on the grounds that he had no criminal antecedents and had remained in judicial custody since 2 July 2026. His counsel submitted that the chargesheet had already been filed and contended that the petitioner had no role in the alleged criminal activities. The learned Additional Public Prosecutor appearing for the State and counsel for CCSU strongly opposed the bail application.
After hearing the parties, the High Court considered the petitioner’s clean criminal antecedents and the fact that the chargesheet had already been filed. Taking these circumstances into account, the Court held that the petitioner was entitled to the benefit of regular bail. The order did not determine the petitioner’s guilt or innocence or adjudicate the merits of the allegations concerning fake loan approvals and collection of purported GST charges.
The Court directed that the petitioner be released on furnishing bail bonds of ₹10,000 with two sureties of the same amount each, to the satisfaction of the concerned court. The bail was made subject to four conditions: one surety must be a family member, the petitioner must cooperate with the trial, he must not tamper with evidence or influence or intimidate witnesses, and he must not commit a similar offence in future. The Trial Court was given liberty to cancel the bail bonds if any condition was violated.
FULL TEXT OF THE JUDGMENT/ORDER OF PATNA HIGH COURT
Heard the learned counsel for the petitioner and the learned APP for the State.
2. The petitioner seeks regular bail in connection with Patna Cyber P.S. Case No. 945 of 2026, for the alleged offences, under Sections 318(4), 319(2), 336(2), 336(3), 338, 340(2), 112(2), 61(2) read with Section 3(5) of BNS and 66(C)/66(D) of I.T., Act, to the satisfaction court of Learned Judicial Magistrate, First Class, Court No. 3, Patna.
3. The prosecution case, in brief, is that on 01.07.2026, acting to technical surveillance, the Cyber Police Station, Patna raided an apartment and apprehended the petitioner with other accused persons. On Subsequent search, one laptop, several mobile phones, Atm Cards, Cheque books, passbooks, SIM cards, notebooks and Rs. 6,08,650/- cash were recovered. It is alleged that the accused persons were operating fake facebook pages offering loans, contacting victims through mobile phones and WhatsApp, sending forged approval letters and inducting them to make payments towards fees, GST charges and other expenses through other payment modes. Technical investigation allegedly linked them with multiple NCRP complaints and revealed their association with co-accused and the petitioner.
4. The learned counsel for the petitioner submits that the petitioner has no criminal antecedents and is in judicial custody since 02.07.2026. The counsel further submits that charge sheet has been filed and the petitioner has no role to play in the alleged crime.
5. The learned APP for the State and the learned counsel for CCSU vehemently oppose the prayer of regular bail to the petitioner.
6. Having heard the parties and taking into consideration that the petitioner has clean antecedents and charge sheet has been filed, this Court is inclined to grant the petitioner benefit of regular bail. Let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the likewise amount each to the satisfaction of Court below/concerned Court in connection with Patna Cyber P.S. Case No. 945 of 2026, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or close family member.
(II) The petitioner shall co-operate in the process of trial.
(III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.
(IV) The Petitioner shall not commit an offence of a similar nature in future.
In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.
