Patna High Court
Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, on a prima facie basis, the petitioners are only under suspicion and therefore granted bail under Section 482(2) of the BNSS.
Summary
Rupesh Kumar and Kamlesh Kumar were implicated in a cyber‑crime FIR alleging fraud through forged online advertisements for loans and escort services, with several offences listed under the Bhartiya Nayay Sanhita. The petitioners contended that no direct incriminating evidence linked them to the alleged mobile numbers, and that the only material against them stemmed from the statements of co‑accused persons. The State opposed their bail application. The court observed that, on a prima facie basis, the case against the petitioners rested merely on suspicion arising from co‑accused disclosures and that the mobile numbers were not registered in their names. Consequently, the court ordered their release on bail, each to furnish a bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The bail order was directed to be executed by the concerned trial court.
Issues considered
- Whether the material on record is sufficient to deny bail to the petitioners.
- Whether the allegations against the petitioners are merely based on co‑accused statements and lack direct evidence.
- Whether bail can be granted under Section 482(2) of the Bhartiya Nayay Sanhita.
Subjects
- bail
- cyber crime
- fraud
- forged advertisement
- Bhartiya Nayay Sanhita
- Section 482(2)
- suspicion
- co‑accused statements
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10301 of 2026
Arising Out of PS. Case No.-35 Year-2025 Thana- Cyber P.S. District- Nawada
======================================================
1. Rupesh Kumar Son of Brijnandan Prasad Resident of Village- Shanti Nagar,
P.S.- Hisua, District- Nawada.
2. Kamlesh Kumar Son of Damodar Prasad Resident of Village- Doma Bar,
P.S.- Nardiganj, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Giri, Advocate
For the Opposite Party/s : Mr.Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 13-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending their arrest in
connection with Cyber P.S. Case No. 35 of 2025 registered for the
offences punishable under Sections 302(2), 318(2), 318(4), 338,
319(2), 336(2), 336(3), 340(2), 61(2) of Bhartiya Nayay
Sanhita.
3. As per FIR, petitioners alongwith apprehended co-
accused persons were involved to cheat innocent persons through
forged advertisement for providing online loan and female escort
services. The mobile numbers as alleged to be used for the said
purpose are 8787706170, 7799432924 and 9038881908.
Patna High Court CR. MISC. No.10301 of 2026(2) dt.13-02-2026
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4. It is submitted by learned counsel appearing on
behalf of the petitioners that except suspicion arising out of
disclosure statement of apprehended co-accused persons,nothing
incriminating surfaced against petitioners nothing survives against
these petitioners. It is also pointed out that entire incriminating
material appears to be recovered from apprehended co-accused
persons, namely, Vikash Kumar and Murari Kumar. It is submitted
that even the mobile number which alleged to be used for
committing fraud not appears to be registered in name of these
petitioners, who are the men of clean antecedents.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as prima facie except suspicion arising out of
disclosure statement of apprehended co-accused persons, nothing
incriminating surfaced against petitioners coupled with the fact
the mobile numbers as alleged to be used not appears to be
connected with petitioners, who are the men of clean antecedent,
accordingly, both above named petitioners, in the event of their
arrest or surrender before the learned trial Court, within a period
of four weeks of the order, are directed to be released on bail
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each
with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.10301 of 2026(2) dt.13-02-2026
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learned A.C.J.M.-VI, Nawada/concerned Court, where the case is
pending in connection with Cyber P.S. Case No. 35 of 2025
subject to the conditions as laid down under Section 482(2) of the
BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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