Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that regular bail could not be granted as sufficient material linked the petitioner to the alleged cyber fraud.
Summary
The petitioner, Suraj Kumar, was arrested on 15 October 2025 for alleged cyber fraud involving fraudulent investment schemes on Telegram and WhatsApp, charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act. He applied for regular bail, claiming innocence, a clean antecedent, and prolonged custody. The State opposed the bail, arguing sufficient material linked the petitioner to the crime. The Court examined the submissions and the investigation report, finding the material against the petitioner adequate to justify continued detention. Consequently, the Court declined to grant regular bail and rejected the application.
Issues considered
- Whether regular bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita and the IT Act in light of the evidence presented.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 112(2), 316(2), 318(2), 318(4), 319(2), 336(2), 336(3), 340, 3(5)
- Information Technology Act — s. 66(C), 66(D)
Subjects
- regular bail
- cyber fraud
- IT Act
- Bharatiya Nyaya Sanhita
- investigation
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15504 of 2026
Arising Out of PS. Case No.-2167 Year-2025 Thana- Cyber P.S. District- Patna
======================================================
Suraj Kumar S/o- Dev Kumar @ Dev Prasad Resident of Village-
Madhopur,Dih ,ward no.-9,Post- Madhopur PS- Chandi, Dist- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Tauqueer Azhar
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
Mr. Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Patna Cyber P.S. Case No. 2167 of 2025 registered for the
offence under Sections 318(2), 318(4), 316(2), 336(2), 336(3),
340, 112(2), 3(5) and 319(2) of the Bharatiya Nyaya Sanhita,
2023 and Sections 66(C) and 66(D) of the IT Act.
3. As per the prosecution case, the petitioner is
alleged to have committed cyber fraud on common people
through various social media platforms such as Telegram and
WhatsApp, by offering fraudulent investment plans and
inducing them to transfer money from their accounts.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.15504 of 2026(2) dt.16-03-2026
2/2
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 15.10.2025 and claims clean
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. During the
investigation, sufficient material has come against the petitioner
connecting him with the alleged crime. In view of the same, this
Court is not inclined to grant regular bail to the petitioner.
7. Accordingly, this application for regular bail stands
rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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