Patna High Court

Raja BabuversusThe State of Bihar

Decided: 31 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner subject to a bond and sureties.

Summary

Raja Babu petitioned for bail in a cyber‑fraud case (Motihari Cyber P.S. Case No. 62 of 2024) involving offences under several sections of the B.N.S. and Sections 66(C) and 66(D) of the Information Technology Act. The prosecution’s case relied on the statement of a co‑accused, Nesar Ali, who identified the petitioner as an associate, though no incriminating material was recovered from the petitioner. The petitioner argued that he was falsely implicated, had no possession of any seized items, and that Nesar Ali had already been granted bail in a related matter. The State opposed bail, citing three prior criminal cases against the petitioner. After hearing both sides, the Court found the petitioner's position stronger and ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Additional Chief Judicial Magistrate‑IV, East Champaran.

Issues considered

Whether bail should be granted to the petitioner in view of the allegations and the offences under the B.N.S. and the IT Act
Whether the petitioner’s alleged prior criminal antecedents preclude bail

Legislation cited

B.N.S. — s. 303(2), 318(4), 319(2), 336(3), 338, 340(2), 3(5), 61(2)
Information Technology Act — s. 66(C), 66(D)

Subjects

bail
cyber fraud
Information Technology Act
criminal procedure
prior criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.11595 of 2026
                    Arising Out of PS. Case No.-62 Year-2024 Thana- Cyber P.S. District- East Champaran
                 ======================================================
                 Raja Babu, Son of Shamim Alam @ Samim Alam, Resident of Village -
                 Jauktiya, P.S. - Majhauliya, Dist. - West Champaran.
                                                                             ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Abhishek Kumar, Advocate
                                                    Mr. Hemant Ray, Advocate
                 For the Opposite Party/s :         Mr. Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   31-03-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection with

                   Motihari Cyber P.S. Case No. 62 of 2024 registered for the offence

                   punishable under Sections 338, 336(3), 340(2), 318(4), 303(2),

                   319(2), 61(2) and 3(5) of B.N.S. and Sections 66(C) and 66(D) of

                   I.T. Act.

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

                   has input that certain miscreants are indulged in cyber fraud

                   mainly Nesar Ali was named and when the police reached the

                   place of occurrence from a hut, one person started fleeing from

                   there. He was apprehended and he was identified as Nesar Ali and

                   from his possession, mobile and other articles were recovered. On

                   being asked, Nesar Ali has named this petitioner as his associate.

                                 4. Learned counsel appearing on behalf of the petitioner
             Patna High Court CR. MISC. No.11595 of 2026(4) dt.31-03-2026
                                                         2/2




                       has submitted that petitioner is innocent and has committed no

                       offence. He has been falsely implicated in this case. Nothing has

                       been recovered from his possession. His name has surfaced in the

                       statement of Nesar Ali. It has further been submitted that Nesar Ali

                       has been granted bail by learned Co-ordinate Bench of this Court

                       vide Cr. Misc. No. 74124 of 2025. The case of this petitioner

                       stands on better footing. Moreover, he is languishing in judicial

                       custody since 15.11.2025.

                                    5. Learned APP appearing for the State has vehemently

                       opposed the application for bail has submitted that petitioner is

                       having criminal antecedent of three cases.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail bond

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

                       like amount each to the satisfaction of the learned Additional

                       Chief Judicial Magistrate-IV, East Champaran, Motihari in

                       connection with Motihari Cyber P.S. Case No. 62 of 2024.


                                                   (Ashok Kumar Pandey, J)

lata/-
U        T

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