Patna High Court
Md. RahishuddinversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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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