Facts of the Case

This is a cyber-fraud bail matter with only an incidental GST reference. The petitioner, Vivek Kumar, sought regular bail in Sheikhpura (Cyber) P.S. Case No. 03 of 2025, registered under Sections 318(4), 61(2) read with 3(5) of the Bharatiya Nyaya Sanhita and Section 66(c) of the Information Technology Act. The case arose after the Bank of Maharashtra flagged suspicious activity in a current account of 'M/s Shambhu Fish Supplier', which received 11,860 small-value credit transactions worth about Rs. 1.59 crore and made 149 debit transactions worth about Rs. 1.54 crore between 14.01.2025 and 10.02.2025 — linked to three cyber-fraud complaints. A co-accused, Shambhu Kewat, stated that the petitioner had induced him, for a commission, to hand over the GST credentials and SIM cards of the fish-supply business, which were then used to open and operate the bank account fraudulently through internet banking, with the petitioner allegedly the mastermind.

Issues Involved

  1. Whether the petitioner was entitled to regular bail, given that a co-accused involved in the same scheme had already been granted bail.

Petitioner's Arguments

  • He was falsely implicated due to village politics and had not cheated anyone; the police acted merely on suspicion.
  • No complaints existed against his or his wife's mobile numbers directly.
  • A co-accused, Shambhu Kewat, had already been granted regular bail by a coordinate bench, and the petitioner had a clean antecedent and had been in custody since 31.10.2025.

Respondent's Arguments

  • The petitioner paid commission to the co-accused for operating net-banking facilities of the fraudulent account and was engaged in cyber fraud as its mastermind.

Court Order / Findings

  • The Court found that the petitioner was alleged, on the strength of the co-accused's self-inculpatory statement, to have induced the co-accused (for commission) to use the GST credentials of M/s Shambhu Fish Supplier to open and operate the fraudulent bank account.
  • Considering that the petitioner was alleged to be the mastermind behind the cyber fraud, the Court was not inclined to grant bail.
  • The bail application was dismissed, with the Court clarifying that its observations were prima facie and would not affect the trial.

Important Clarification

The 'GST' reference in this case is simply that the fraud scheme misused a legitimate business's GST registration details to open a bank account for laundering cyber-fraud proceeds. The order does not interpret or apply any GST statute and should not be treated as GST case law.

Sections Involved

  • Bharatiya Nyaya Sanhita, 2023 — Sections 318(4), 61(2), 3(5).
  • Information Technology Act, 2000 — Section 66(c).

Decision – In Favour of

Decided against the petitioner; his regular bail application was dismissed, in favour of the State of Bihar, pending completion of investigation and trial.

Case Details

  • Court: High Court of Judicature at Patna
  • Case No.: Criminal Miscellaneous No. 91773 of 2025
  • Coram: Hon'ble Mr. Justice Sandeep Kumar
  • Date of Order: 23 April 2026

Link to Download the Order

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