Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court dismissed the petitioner's bail application and directed him to surrender and seek regular bail.
Summary
The petitioner, Raja Kumar, sought relief fearing arrest in a cyber‑fraud case (Rohtas Cyber P.S. Case No. 49 of 2025) filed under sections 303(2), 319(2), 318(4) of the Bharatiya Nyaya Sanhita and sections 66(c), 66(d) of the Information Technology Act. The investigation linked him to the fraud through a self‑incriminatory statement of a co‑accused, alleging cheating of Rs. 38 lakhs. The High Court examined whether the petitioner was entitled to bail pending investigation. Finding that the petitioner was implicated in a serious cyber‑fraud, the Court dismissed his application and ordered him to surrender within two weeks and to apply for regular bail. The order was directed to be communicated to the Superintendent of Police, Rohtas for enforcement.
Issues considered
- Whether the petitioner is entitled to bail in a cyber‑fraud case where his name appears in a co‑accused's self‑incriminatory statement.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 303(2), 318(4), 319(2)
- Information Technology Act — s. 66(c), 66(d)
Subjects
- cyber fraud
- bail
- Information Technology Act
- Bharatiya Nyaya Sanhita
- self‑incriminatory statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14698 of 2026
Arising Out of PS. Case No.-49 Year-2025 Thana- Cyber P.S. District- Rohtas
======================================================
Raja Kumar S/o- Madan Prasad Kasykar @ Madan Prasad R/o- Jai Prakash
Marg PS-Sadar Town Distt- Hazaribagh, Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Bhardwaj, Advocate
Mr.Nilabh Ranjan, Advocate
For the State : Mr.Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Rohtas (Cyber) P.S. Case No. 49 of 2025 instituted under
Sections 303(2), 319(2) and 318(4) of the Bharatiya Nyaya
Sanhita and Sections 66(c) and 66(d) of the Information
Technology Act.
3. The criminals committed cyber fraud and cheated
the informant of Rs. 38 lakhs. The name of the petitioner has
come during investigation in the self inculpatory statement of
the co-accused.
4. Considering the fact that the petitioner is involved
in the cyber fraud and a huge amount has been cheated form
Patna High Court CR. MISC. No.14698 of 2026(2) dt.12-03-2026
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the informant, this application is dismissed.
5. The petitioner is directed to surrender within two
weeks from today and pray for regular bail, failing which the
Superintendent of Police, Rohtas will take all steps for arrest of
the petitioner.
6. Let a copy of this order be communicated to the
Superintendent Police, Rohtas through FAX or e-mail for its
compliance.
(Sandeep Kumar, J)
P. Kumar
U T
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