Akash Kumar @ Budha vs. The State Of Bihar
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The petitioner, Akash Kumar, seeks pre-arrest bail in Cyber P.S. Case No. 115 of 2025. The prosecution alleges that on July 21, 2025, a raid led to the apprehension of Anuj Kumar, from whom a mobile phone was recovered. Two other phones were seized from a nearby house. Anuj Kumar allegedly confessed that these devices were used in a cyber-fraud scheme involving fake height-increase medicine and a bogus Tata Safari lottery, through which money was collected for registration, TDS, and GST. Anuj Kumar named the petitioner as the provider of mobiles, accounts, QR codes, and customer data. The petitioner claims false implication due to local politics and states his name surfaced only in a co-accused's confessional statement, with no recovery from his possession. He also notes that Sailesh Kumar, on whose statement his name appeared, has been granted anticipatory bail.
Held
The Court granted pre-arrest bail to the petitioner, Akash Kumar, in connection with Cyber P.S. Case No. 115 of 2025. The Court considered the nature of the allegations against the petitioner. The reasoning for granting bail appears to be influenced by the petitioner's submission that his name surfaced solely based on the confessional statement of a co-accused and that no recovery was made from his person. The fact that a co-accused, Sailesh Kumar, whose statement implicated the petitioner, had already been granted anticipatory bail by a coordinate bench likely played a significant role in the Court's decision. The operative direction is that the petitioner is to be released on pre-arrest bail upon his arrest or surrender before the Court below within four weeks, furnishing bail bonds and sureties to the satisfaction of the learned ACJM-VI, Nawada. The conditions stipulated under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are to be followed.
Key Issues
1. Whether the petitioner is entitled to pre-arrest bail in connection with Cyber P.S. Case No. 115 of 2025, considering the allegations of involvement in a cyber-fraud scheme involving fake medicines and lotteries, and the collection of funds under the guise of registration, TDS, and GST. Petitioner's Arguments: The petitioner contends he has been falsely implicated due to local village politics. He argues that his name has only surfaced in the confessional statement of a co-accused, and no recovery has been made from his possession. Furthermore, he points out that Sailesh Kumar, on whose confessional statement his name appeared, has already been granted anticipatory bail by a coordinate bench of this Court in Cr. Misc. No. 76428 of 2025. Revenue/State's Arguments: The learned Additional Public Prosecutor for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
Sections Cited
Section 482(2)
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Cause title — parties, addresses and appearances
ORAL ORDER 2 06-02-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
The petitioner seeks pre-arrest bail in connection with Cyber P.S. Case No. 115 of 2025 registered for the offence punishable under Sections 303(2), 318(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2), 111, 317(2), 317(5), 61(2) of the B.N.S., 2023 and Sections 66(B), 66C, 66(D) of the I.T. Act.
The case of the prosecution in short is that on 21.07.2025, police made a raid in village Chakwai and apprehended Anuj Kumar. A mobile phone was recovered from him, and two Oppo phones were seized from a nearby house. Anuj admitted that these devices were used in a cyber-fraud scheme involving fake height-increase medicine and a bogus Tata Safari lottery through which money was collected as 2/3 registration, TDS, and GST. He named Akash Kumar, provider of mobiles, accounts, QR codes, and customer data.
Learned counsel appearing on behalf of the petitioner submitted that the petitioner has been falsely implicated in the case due to local village politics. He also submits that the name of this petitioner has surfaced in the confessional statement of co-accused. No recovery has been made from the possession of this petitioner. He further submits that Sailesh Kumar, on whose confessional statement the name of this petitioner has surfaced in this case has already been granted anticipatory bail by the learned coordinate bench of this court vide Cr. Misc. No. 76428 of 2025. 5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
Considering the nature of allegation against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Nawada in connection with Cyber P.S. Case No. 115 of 2025 subject to the condition as laid down under Section 3/3 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Sudhanshu/- (Ashok Kumar Pandey, J) U T
Reproduced from the public record of the Patna High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.