Durganand Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26748 of 2026 Arising Out of PS. Case No.-4 Year-2026 Thana- Cyber P.S. District- Bhagalpur ====================================================== Durganand Mishra S/o Parmanand Mishra Resident of Flat No. 202, Lawaraha Residency, Indrapuri Road, Keshri Nagar, Patna. Having Permanent Address of Village - Brahmpura, P.S. - Manigachi, Dist. - Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Bhagalpur Cyber P.S. Case No. 04 of 2026 registered for the offence punishable under Section 318(4) of the B.N.S., 2023 and Sections 66(c), 66(d) and 111(2) of the I.T. Act.

3. The case of the prosecution, in short, is that the informant was cheated by fraudsters through digital arrest and that they have got transferred Rs. 18,70,000/- (an odd amount) from the account of the informant's husband.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.26748 of 2026(2) dt.22-04-2026 2/3 committed no offence. He has been falsely implicated in this case. He also submits that the FIR was lodged against unknown miscreants. During the course of investigation, I.O. came to know that the bank account used in the fraudulent transaction in which the alleged money was received was found to be in the name of Avinash Kumar and Avinash Kumar has confessed the name of the petitioner. He further submits that no transaction was made in his account regarding the alleged cyber fraud. He further submits that Avinash and the petitioner are having business relations, and Avinash owes Rs. 17,00,000/- to the petitioner; that is why he has framed the petitioner in this case. Petitioner is a businessman and he is languishing in judicial custody since 20.01.2026.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner has criminal antecedent of one case.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief

Patna High Court CR. MISC. No.26748 of 2026(2) dt.22-04-2026 3/3 Judicial Magistrate, Bhagalpur in connection with Bhagalpur Cyber P.S. Case No. 04 of 2026.

(Ashok Kumar Pandey, J) Sudhanshu/- U T