Patna High Court
Raj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petitioner is entitled to regular bail.
Summary
Petitioner Raj Kumar Singh was arrested in connection with a cyber‑fraud case involving false advertisements on Facebook and Instagram to obtain PM Mudra loans, alleged to have defrauded victims of Rs.4,000‑25,000. He was charged under several sections of the Bharatiya Nyaya Sanhita (318(2), 318(4), 319(2), 336(2), 336(3), 340(2), 111(2)(b)) and Section 66D of the Information Technology Act. The petitioner contended that he is a student with no criminal antecedent, that there is no direct evidence against him, and that the flat from which recovery was made belongs to another person; he also pointed to the regular bail already granted to co‑accused. The State opposed bail, arguing the seriousness of the offences. The Court, noting the submission of the charge‑sheet, the clean antecedent, the bail granted to similarly situated co‑accused, and the lack of risk of evidence tampering or absconding, ordered his release on regular bail with a bond of Rs.10,000 and two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the Bharatiya Nyaya Sanhita and the IT Act
- Whether there is a likelihood of the petitioner tampering with evidence or absconding
- Whether the bail granted to co‑accused influences the petitioner's bail application
Legislation cited
- Bharatiya Nyaya Sanhita — s. 111(2)(b), 318(2), 318(4), 319(2), 336(2), 336(3), 340(2)
- Information Technology Act — s. 66D
Subjects
- regular bail
- cyber fraud
- false advertising
- PM Mudra loan
- Information Technology Act
- Bharatiya Nyaya Sanhita
- student petitioner
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10863 of 2026
Arising Out of PS. Case No.-1649 Year-2025 Thana- Cyber P.S. District- Patna
======================================================
Raj Kumar Singh S/O Shatrudhan Singh R/O Village- Amba Lodipur, P.S-
Bind, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raja Ram Rai, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in a case registered
for the offences punishable under Sections 318(2), 318(4),
319(2), 336(2), 336(3), 340(2), 111(2)(b) of the Bharatiya
Nyaya Sanhita and Section 66D of the Information Technology
Act.
3. It is alleged that this petitioner along with other co-
accused persons was involved in making false ads on Facebook
and Instagram and had done fraud in respect of granting PM
Mudra Loan. In the name of granting said loan, the accused
persons extracted sums between Rs.4,000/- and Rs.25,000/-
from customers, after which they blocked the mobile number of
the customers and did not return any money.
Patna High Court CR. MISC. No.10863 of 2026(2) dt.24-02-2026
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4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case due to suspicion. Further submission is that
petitioner is a student and preparing for the competitive
examination. There is no direct evidence against the petitioner.
Nothing has been recovered from the conscious possession of
the petitioner. Petitioner is not the owner of the flat from where
the recovery has been made rather the same belongs to one
Aman Raj. The charge-sheet has already been submitted after
completion of investigation. Similarly situated co-accused
persons, namely, Rajdeep Kumar and Suraj Bhaan Singh have
already been granted regular bail by a Co-ordinate Bench of this
Court vide order dated 17.11.2025 passed in Cr. Misc. No.
70988 of 2025. Petitioner is in custody since 17.07.2025 having
no criminal antecedent and he undertakes to co-operate in the
trial. There is no chance of tampering with the evidence or
absconding of the petitioner.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the fact that charge-sheet has been
submitted, similarly situated co-accused persons have been
Patna High Court CR. MISC. No.10863 of 2026(2) dt.24-02-2026
3/3
granted bail and clean antecedent of the petitioner, let the above
named petitioner be released on bail on furnishing bail bond of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Patna in connection with Patna Cyber P.S. Case No. 1649 of
2025.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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