Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- BNS, 2023 — s. 112,3(5), 318(4), 319(2), 336(3), 338, 340(2)
- Information Technology Act — s. 66(D)
- Promotion and Regulation of Online Gaming Act, 2025 — s. 9(1)
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,
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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
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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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