Patna High Court
Md. RahbarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Negotiable Instruments Act — s. 112(2), 316(2), 318(2), 318(4), 319(2), 336(2), 336(3), 340(2), 61(2)(a), 62
- Information Technology Act, 2000 — s. 66, 66(C), 66(D)
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
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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
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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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