Amal Prakash @ Amal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24150 of 2026 Arising Out of PS. Case No.-192 Year-2025 Thana- Cyber P.S. District- East Champaran ====================================================== Amal Prakash @ Amal Kumar S/O Late Pahlad Paswan @ Prahlad Paswan R/O Village- Prem Nagar, P.S.- Gadha @ Garha, Dist.- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 24198 of 2026 Arising Out of PS. Case No.-192 Year-2025 Thana- Cyber P.S. District- East Champaran ====================================================== Om Prakash Son of Krishan Dev Bhagat R/O Village- Damara (Dumra ) Bari Bazar Ward No.-13, P.S.- Panaura, District -Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 24150 of 2026) For the Petitioner/s :
Mr. Santosh Kumar, Adv For the Opposite Party/s :
Mr. Nagendra Prasad, APP (In CRIMINAL MISCELLANEOUS No. 24198 of 2026) For the Petitioner/s :
Mrs. Ranjana Srivastava, Adv For the Opposite Party/s :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-07-2026 Heard the parties.
2. The petitioners seeks bail in connection with Motihari Cyber P.S. Case No. 192/2025 registered for the offence under Sections 318(4), 338, 336(3), 316(2) and 61(2) of the BNS and Sections 66(C) and 66(D) of the IT Act.
3. The accused/petitioners are named in the F.I.R. and they are in custody since 18.12.2025 and 19.12.2025, respectively.
4. The allegation against the petitioners is to commit cyber fraud, where co-accused Jitendra Kumar transferred Rs.
Patna High Court CR. MISC. No.24150 of 2026(4) dt.15-07-2026 2/3 1,49,50,1621/- to the account of another co-accused Bharat Prasad, who allegedly transferred from the account of innocent customers by adopting fraudulent means.
5. Learned counsel appearing on behalf of the petitioners submitted that name of petitioners transpired in the present case during the course of investigation on the basis of confessional statement of co-accused Jitendra Kumar, where nothing incriminating recovered/surfaced during the investigation, which may suggest involvement of these petitioners with the present crime in question. It is submitted that Rs.1,20,000/- was recovered from the house of petitioner Amal Prakash @ Amal Kumar, which belongs to him and was in connection with his grocery shop. It is submitted that petitioner made this claim on affidavit. It is further submitted that different passbooks were recovered from the house of petitioner Om Prakash and there was no recovery of any cash. While concluding the argument, it is submitted that both petitioners claimed clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP opposes the prayer of bail.
7. In view of aforesaid factual submission and by taking note of fact as name of petitioners prima-facie appears on the basis of suspicion as surfaced out of confessional statement of apprehended co-accused persons, coupled with the fact as recovered cash and
Patna High Court CR. MISC. No.24150 of 2026(4) dt.15-07-2026 3/3 passbooks prima facie not appears to connect petitioners with the present crime in question, accordingly petitioners namely Amal Prakash @ Amal Kumar & Om Prakash, who are in custody since 18/19.12.2025 respectively, are directed to be released on bail in connection with Motihari Cyber P.S. Case No. 192/2025 on furnishing bail bond each of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of learned ACJM-IV, East Champaran at Motihari/concerned court in connection with Cr. Misc. No. 24150/2026 & learned CJM, East Champaran at Motihari/concerned court in connection with Cr. Misc. No.24198/2026, subject to the conditions as mentioned under Section 480(3) of BNSS.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T