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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioners are entitled to regular bail in the present case.

Summary

The petitioners, Rahul Kumar and Mumtaz Alam, were arrested in a cyber‑fraud investigation involving mobile gaming and alleged financial offences. The prosecution alleged that a raid on a rented house yielded numerous phones, laptops, SIM cards, ATMs, passbooks and that 18 persons, including the petitioners, were arrested. The petitioners contended they possessed only a single mobile each, had no conscious possession of the seized items, were merely present at a coaching centre on the call of others, and had no prior criminal record. They sought regular bail, citing a similar bail order in Cr. Misc. No. 9415 of 2026. The court, after considering the facts and the lack of direct involvement, granted regular bail to each petitioner upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

  • Whether the petitioners are entitled to regular bail despite the serious cyber‑fraud and related charges.
  • Whether the mere presence of seized equipment at the premises implicates the petitioners in the offences.
  • Whether lack of conscious possession and absence of prior criminal antecedent justify granting bail.

Legislation cited

Subjects

  • bail
  • cyber fraud
  • mobile gaming
  • IT Act
  • online gaming regulation
  • seizure
  • conscious possession
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17486 of 2026
                        Arising Out of PS. Case No.-55 Year-2025 Thana- Cyber P.S. District- Buxar
                 ======================================================
           1.     Rahul Kumar Son of Ramjeet Bhagat Resident of Village - Charauli PS -
                  Bhagwanpur Dist.- Siwan
           2.     Mumtaz Alam son of Sarphuddin Alam Resident of village- Barahari, ps-
                  Karhgar, Dist- Rohtas
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Virendra Kumar, Advocate
                 For the Opposite Party/s :        Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-03-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under sections 318(4),

                   319(2), 336(3), 338, 340(2), 112,3(5) of BNS., 2023 and Section

                   66(D) of the I.T. Act as well as Section 9(1) of the Promotion

                   and Regulation of Online Gaming Act, 2025.

                                3. The case of the prosecution is that on 28.11.2025,

                   police received an information that in a rented house, Anil

                   Kumar Jaiswal and Aman Kumar Jaiswal have called persons

                   from all over India, and they are indulged in mobile gaming and

                   cyber fraud. On this input, police reached at the rented house

                   and from there, 31 mobile phones, various SIM cards, 4 laptops,
Patna High Court CR. MISC. No.17486 of 2026(2) dt.18-03-2026
                                            2/3




          two wi-fi router, 82 ATMs, 9 passbooks and 5 chequebooks

          were recovered. It is also alleged that from there, a total of 18

          persons were arrested. The name of these persons finds place in

          that list.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence.

          Learned counsel for the petitioners has submitted that from

          perusal of the seizure list it will transpire that from the

          possession of these petitioners only mobile (one from each)

          were recovered and as far as other incriminating articles are

          concerned, it was recovered from the room not from the

          conscious possession of these petitioners. Learned counsel for

          the petitioners has further submitted that they have come there

          on the call of Anil Kumar and Aman Kumar Jaiswal. It has

          further been submitted that the center which was raided is a

          coaching center and the mobile and laptops which are recovered

          are those of the center. Learned counsel for the petitioners has

          further submitted that similarly situated co-accused persons

          having granted bail by this court while Cr. Misc. No. 9415 of

          2026. The case of these petitioners stands on similar footing. A

          statement has been made in para-3 of this petition that the

          petitioners have got no criminal antecedent. Moreover, they are
            Patna High Court CR. MISC. No.17486 of 2026(2) dt.18-03-2026
                                                        3/3




                      languishing in judicial custody since 30.11.2025.

                                   5. Learned APP appearing for the state has opposed

                      the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioners on bail. The above named

                      petitioners are directed to be released on bail in connection with

                      Buxar Cyber P.S. Case No. 55 of 2025 on furnishing bail bond

                      of Rs.10,000/- (ten thousand) each with two sureties of the like

                      amount each to the satisfaction of learned Additional Chief

                      Judicial Magistrate- V, Buxar/ Concerned Court.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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