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Patna High Court

Md. RahbarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Md. Rahbar, was arrested during a police raid on a hotel suspected of being a hub for cyber fraud and charged under several sections of the Bihar Negotiable Instruments Act and the Information Technology Act. He contended that only a mobile phone was seized from him and no incriminating material was found, emphasizing his clean antecedent and that he had been in judicial custody since 15‑10‑2025. The State opposed his bail application. After hearing both sides, the High Court noted the lack of material evidence against him and his clean record, and consequently ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The order directs compliance with the conditions set by the Judicial Magistrate of Patna.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious charges under the Bihar Negotiable Instruments Act and the IT Act.
  • Whether the absence of incriminating material recovered from the petitioner justifies granting bail.
  • Whether the petitioner’s clean antecedent and custody status affect the bail decision.

Legislation cited

Subjects

  • regular bail
  • cyber fraud
  • Information Technology Act
  • Bihar Negotiable Instruments Act
  • seizure of evidence
  • conspiracy
  • judicial custody
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10592 of 2026
                       Arising Out of PS. Case No.-2159 Year-2025 Thana- Cyber P.S. District- Patna
                 ======================================================
                 Md. Rahbar S/o Syed Aqbal Ahmad @ Syed Iqbal Ahmad Resident of Sakin
                 Rauza, Mohalla - Near Chaman Ki Maszid, Police Station - Nagar, District -
                 Arra, Bihar

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arun, Advocate
                 For the Opposite Party/s :        Mr. Nawal Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 316(2),

                   318(2), 318(4), 319(2), 336(2), 336(3), 340(2), 61(2)(a), 62 &

                   112(2) of the BNS and under Sections 66, 66(C) and 66(D) of

                   the I.T. Act.

                                3. The case of the prosecution, in short, is that on

                   13.10.2025 Deputy S.P. Cyber operation Economic Offence

                   Unit, Patna, Bihar received a secret information that Cyber

                   fraudsters are present in Hotel Paradise Premier at Saguna and

                   making conspiracy for committing Cyber fraud. In pursuant to

                   the said information, a police team for conducting raid was
Patna High Court CR. MISC. No.10592 of 2026(2) dt.23-02-2026
                                            2/3




          constituted. In the rooms of the said Hotel, the petitioner was

          found in a separate room alone.

                       4. Learned counsel for the petitioner submits that

          from perusal of the seizure list it will transpire that only a

          mobile was recovered from the possession of this petitioner.

          Learned counsel for the petitioner has further submitted that no

          incriminating article has been recovered from the possession of

          this petitioner. Learned counsel has further submitted that from

          perusal of the order of the learned trial court it will transpire that

          the learned trial court has held that the petitioner in conspiracy

          with other accused persons engaged in well planned Cyber fraud

          by obtaining several bank account numbers of other persons but

          there was no such material recovered from the possession of this

          petitioner. Learned counsel for the petitioner has further

          submitted that the charge-sheet has been submitted in this case.

          Learned counsel for the petitioner has further submitted that the

          petitioner is a man of clean antecedent and he is in judicial

          custody since 15.10.2025.

                       5. Learned APP for the State has vehemently opposed

          the bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is
            Patna High Court CR. MISC. No.10592 of 2026(2) dt.23-02-2026
                                                        3/3




                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Patna Cyber P.S. Case No. 2159 of 2025 on furnishing bail bond

                      of Rs.10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned court of Judicial

                      Magistrate 1st Class, Patna.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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