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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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