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Patna High Court

Md. RahishuddinversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application was dismissed, denying the petitioner relief.

Summary

The petitioner, Md. Rahishuddin, applied for bail in a cyber‑crime case (PS Case No.12/2026) alleging offences under multiple sections of the B.N.S. The prosecution alleged that he accepted money for supplying clothes but failed to deliver, and that he was involved in a broader cyber fraud. The petitioner claimed innocence, stating he merely sells clothes at low rates and has no criminal antecedents, having been in custody since 28‑01‑2026. The court examined the seriousness of the alleged cheating of a large number of persons and the nature of the offences. Considering the gravity of the accusations, the court dismissed the bail application, noting that the petitioner could seek bail again if the trial is unduly delayed. The order was pronounced by Justice Sandeep Kumar.

Issues considered

  • Whether the petitioner is entitled to bail for offences under Sections 303(2), 318(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2), 317(2), 317(5), 61(2) of the B.N.S. in a cyber‑crime case
  • Whether the alleged cheating of a large number of persons justifies denial of bail

Legislation cited

  • B.N.S. — s. 303(2), 317(2), 317(5), 318(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2), 61(2)

Subjects

  • bail
  • cyber crime
  • fraud
  • criminal procedure
  • section 303
  • section 318
  • section 319
  • section 336
  • section 338
  • section 340
  • section 317
  • section 61

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20128 of 2026
                       Arising Out of PS. Case No.-12 Year-2026 Thana- Cyber P.S. District- Nawada
                 ======================================================
                 Md. Rahishuddin Son of Late Jamal Uddin Resident of Aligarh,P.S. -Kotwali,
                 Dist. - Aligarh (Uttar Pradesh), Presently residing at House of Md. Isrial
                 Mallick, Ansar Nagar, P.S. - Bundelkhand, Dist. - Nawada.

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr .Deepak Kumar, Advocate
                 For the Opposite Party/s :        Mr. Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection Cyber P.S.

                   Case No. 12/2026 dated 27.01.2026 for the offences punishable

                   under Sections 303(2), 318(2), 318(4), 319(2), 336(2), 336(3),

                   338, 340(2), 317(2), 317(5), 61(2) of the B.N.S.

                                3. As per the prosecution case, the petitioner in the

                   name of providing clothes the petitioner accepted the money

                   and did not supply the clothes. When the accused persons were

                   arrested it was disclosed that the accused persons including the

                   petitioner were involved in cyber crime.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this
             Patna High Court CR. MISC. No.20128 of 2026(2) dt.01-04-2026
                                                         2/2




                       case. It is further submitted that the petitioner sells clothes on

                       cheaper rates but he has not committed any cyber fraud from

                       any person. He is in custody since 28.01.2026 and has no

                       criminal antecedent.

                                    5. Considering the aforesaid facts that the petitioner

                       has cheated large number of persons, this application is

                       dismissed.

                                    6. If the trial is delayed by the prosecution, the

                       petitioner may renew his prayer for bail.



                                                  (Sandeep Kumar, J)
atul/-

U        T


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