Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that the existence of sufficient investigative material linking the petitioner to the alleged offenses warrants denial of regular bail.
Summary
The petitioner, Raushan Kumar, was arrested in connection with a cyber fraud case (Patna Cyber P.S. Case No. 2167 of 2025) alleging violations of multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act. He was accused of defrauding individuals via social media platforms by offering bogus investment schemes and inducing money transfers. The petitioner, claiming innocence and a clean antecedent, sought regular bail after being in custody since 15 October 2025. The State opposed the bail, arguing sufficient material linked the petitioner to the alleged offenses. After reviewing the submissions and the investigation records, the court found the material sufficient and declined to grant regular bail, thereby rejecting the petitioner's application.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the alleged cyber fraud offenses under the Bharatiya Nyaya Sanhita and the IT Act
- Whether the investigation material is sufficient to justify denial of bail
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 material
- court denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15709 of 2026
Arising Out of PS. Case No.-2167 Year-2025 Thana- Cyber P.S. District- Patna
======================================================
Raushan Kumar S/o Late Kamlesh Kumar @ Kamlesh Prasad R/o vill -
Hirdan Bigha @ Hirdanbigha, P.S.- Telmar, Distt.- Nalanda
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-03-2026 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 316(2), 318(2), 318(4), 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
petitioner is innocent and has not committed any offence.
Patna High Court CR. MISC. No.15709 of 2026(3) dt.26-03-2026
2/2
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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