Patna High Court
Ballabh Raj @ Ballab RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to a bond of Rs. 15,000 with two sureties and conditions of appearance.
Summary
The petitioner, Ballabh Raj, was arrested on 24 November 2025 in Amipur on suspicion of cheating through mobile phone scams involving call girl services and loan offers, and was charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case is based on secret information and a raid that seized three persons, with the petitioner allegedly implicated without any material evidence, recovered articles, or direct allegations against him. The petitioner’s counsel argued that he is innocent, has no criminal antecedent, and that the case rests solely on suspicion and a confessional statement. The State opposed bail, citing the seriousness of the offences. The court, considering the lack of incriminating material and the petitioner’s custody period, granted bail subject to a bond of Rs. 15,000 with two sureties and conditions regarding appearance in court.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the evidence on record is sufficient to justify continued detention.
- Whether the petitioner is likely to flee or tamper with evidence if released on bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 303(2), 318(2), 318(4), 336(2), 336(3), 338, 340(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- cheating
- mobile fraud
- pre-trial detention
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16462 of 2026
Arising Out of PS. Case No.-478 Year-2025 Thana- NAWADA MUFFASIL District- Nawada
======================================================
Ballabh Raj @ Ballab Raj Son of Late Manoj Manjhi R/o Village - Amipur,
P.S. - Muffassil @ Muffasil, Dist. - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Muffasil @ Muffasil P.S. Case No. 478 of 2025 instituted for the
offences under Sections 303(2), 318(2), 318(4), 336(2), 336(3),
338, 340(2), 111 of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that on secret
information, police raided village Amipur on 24.11.2025 and
apprehended three persons while others fled. It is alleged that
the accused were cheating innocent people through mobile
phones by luring them with call girl services and loan offers.
4. Learned counsel for the petitioner submitted that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.16462 of 2026(2) dt.13-03-2026
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present case only on the basis of suspicion. Learned counsel
further submitted that except confessional statement, there is no
cogent material to show the involvement of the petitioner in the
alleged occurrence. No incriminating article has been recovered
from the conscious possession of the petitioner. There is no
direct allegation against the petitioner. Learned counsel further
submitted that petitioner has got no concern with the alleged
occurrence. It has been submitted on behalf of the petitioner that
the petitioner is in custody since 24.11.2025 and has no criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Muffasil @ Muffasil
P.S. Case No. 478 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
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(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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