Patna High Court
BRIJ MOHAN KUMARversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied regular bail to the petitioner.
Summary
The petitioner, Brij Mohan Kumar, was arrested on allegations of committing cyber fraud by using social media platforms to lure victims into fraudulent investment schemes, violating several provisions of the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act. He applied for regular bail, asserting his innocence, clean antecedents, and that he had been in custody since 15 October 2025. The State opposed the bail, contending sufficient material linked the petitioner to the alleged offences. The Court examined the submissions and the investigation report, finding the material against the petitioner sufficient to deny bail. Consequently, the Court rejected the regular bail application, emphasizing that its observations were prima facie and would not affect the trial's merits.
Issues considered
- Whether the petitioner is entitled to regular bail in view of the alleged offences under the Bharatiya Nyaya Sanhita and the IT Act.
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
- Bharatiya Nyaya Sanhita
- IT Act
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18332 of 2026
Arising Out of PS. Case No.-2167 Year-2025 Thana- Cyber P.S. District- Patna
======================================================
Brij Mohan Kumar S/O- Dharmvir Kumar @ Dharmveer Yadav Resident Of
Village- Dhudhi Chowk Ward No.07 Police Station- Tharthri And District-
Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashutosh Singh, Advocate
Mr. Nilendu Kumar Choudhary
For the Opposite Party/s : Mr. Madhura Nand Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 13-05-2026 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 with 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.18332 of 2026(3) dt.13-05-2026
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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.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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