Patna High Court
Raushan Jha @ Raushan Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court denied bail, finding that the petitioners were prima facie involved in the alleged cyber offences.
Summary
The petitioners, Raushan Jha and Bittu Kumar Jha, were arrested on 1 November 2025 in connection with Cyber Police Station Case No. 72 of 2025, FIR No. 31/10/2025, alleging offences under Sections 66(c) and 66(d) of the Information Technology Act and multiple sections of the BNS Act, 2023. The prosecution presented confessional statements and seized a large quantity of SIM cards, routers, power banks, cash and other equipment from the petitioners' residences and other locations linked to the alleged gang. The petitioners argued they had clean antecedents (or minimal prior cases) and claimed the FIR was fabricated, seeking bail. The court examined the material and found that the seized items and statements established a prima facie case of organized cyber crime involving the petitioners. Consequently, the court refused the bail applications, holding that the petitioners should remain in custody pending trial.
Issues considered
- Whether the petitioners are entitled to bail in view of the prima facie evidence of involvement in organized cyber crime.
- Whether the material seized and confessional statements satisfy the criteria for denial of bail under the IT Act and BNS Act.
Legislation cited
- BNS Act, 2023 — s. 111(2), 111(3), 318(4), 319(2), 336(3), 337, 338, 339, 340(2), 3(5)
- Information Technology Act, 2000 — s. 66(c), 66(d)
Subjects
- bail
- cyber crime
- SIM box
- Information Technology Act
- organized crime
- seizure of evidence
- prima facie case
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2150 of 2026
Arising Out of PS. Case No.-72 Year-2025 Thana- Cyber P.S. District- Darbhanga
======================================================
Raushan Jha @ Raushan Kumar Jha S/o Surendra Jha R/o Village- Balha, P.S-
Bahera, Dist- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Economic Offence Unit (E.O.U.) Patna
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 3184 of 2026
Arising Out of PS. Case No.-72 Year-2025 Thana- Cyber P.S. District- Darbhanga
======================================================
Bittu Kumar Jha Son of Manoj Jha R/o Village - Habibpur, P.S. - Bahera,
Dist. - Darbhanga, Bihar - 847233.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Economic Offence Unit (E.O.U.) Patna
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 2150 of 2026)
For the Petitioner/s : Ms.Mili Kumari, Advocate
For the Opposite Party/s : Mr.Upendra Kumar, APP
For the E.O.U. : Mr. Vishwanath Prasad Sinha, Sr.Advocate
: Mr. Vijay Anand, Advocate
(In CRIMINAL MISCELLANEOUS No. 3184 of 2026)
For the Petitioner/s : Mr.Sumit D. Sharma, Advocate
: Mr.Navendu Prakash, Advocate
For the Opposite Party/s : Mr.Nand Kishore Prasad, APP
For the E.O.U. : Mr. Vishwanath Prasad Sinha, Sr.Advocate
: Mr. Vijay Anand, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
7 18-04-2026 Heard Ms.Mili Kumari, learned counsel for the
petitioner, Mr.Upendra Kumar, learned Additional Public
Prosecutor for the State (In CRIMINAL MISCELLANEOUS
Patna High Court CR. MISC. No.2150 of 2026(7) dt.18-04-2026
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No. 2150 of 2026), Mr.Sumit D. Sharma, learned counsel for the
petitioner, Mr.Nand Kishore Prasad, learned Additional Public
Prosecutor for the State (In CRIMINAL MISCELLANEOUS
No. 3184 of 2026) and Mr. Vishwanath Prasad Sinha, learned
senior counsel appearing for the E.O.U. assisted by Mr. Vijay
Anand, learned Advocate in both the applications.
2. The petitioners seek bail, who are in custody since
01.11.2025 in connection with Cyber P.S.Case No.72 of 2025,
FIR dated 31.10.2025 registered for the offences punishable
under Sections 66(c),66(D) of the I.T.Act and Sections, 111(2),
111(3), 318(4), 319(2), 336(3), 337, 338, 339, 340(2) and 3(5)
of BNS, 2023.
3. Briefly stated on 31.10.2025 at about 01:00 PM, a
team of Economic Offence Unit, Patna under leadership of
Pankaj Kumar, submitted information that as per the
Information provided by Dy. S.P came to the Cyber Police
Station, Darbhanga and Directorate of Revenue Intelligence, a
consignment of five SIM box to be delivered in Darbhanga by
suspect Roshan Kumar Jha and Bittu Jha(both are resident of
Darbhanga District). The Cyber Police Station registered Sanha
No. 584/25 dated 31.10.2025 and proceeded further. The
petitioners, namely, Roshan Kumar Jha and Bittu Kumar Jha
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were arrested. On their instance, in the same night at 04:00 am,
a raid was conducted in the house of Devanand Thakur, village-
Ashapur, P.S. Bahera, District - Darbhanga wherein 97 Airtel
SIM cards, 41 black colour power banks, 6 hair trimmers, 4
Adhar Cards, 7 Airtel Wifi sets and one Vivo Y29 Mobile
phones and one Readmi 15 phone were recovered. From the
same house, one more suspect namely Bobby Kalyan arrested
who was from Haryana. Bobby Kalyan disclosed that he had
formed a gang for committing cyber crime which consists of
Raushan Jha, Bittu Jha, Sujit Kumar Thakur, Abhishek Thakur,
Manish, Rishi Jha and others. Furthermore, the raid were
conducted four additional places from where a cash of Rs.
4,00,000/-, 47 Vodaphone SIM cards, multiple Jio ruters etc.
were recovered.
4. Learned counsel for the petitioners submits that
petitioner, namely, Raushan Jha @ Raushan Kumar Jha has
clean antecedent and petitioner, namely, Bittu Kumar Jha carries
one more case other than the present one and he has been
granted bail by the learned court below itself. The allegation as
alleged in the FIR is false and fabricated and the petitioners
have not committed any offence as alleged in the FIR. Learned
counsel for the petitioners submits that from a bare perusal of
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the FIR it appears that the FIR has been instituted against 10
named accused persons including the petitioners. From a bare
perusal of the FIR it appears that the petitioners are suspected
accused and not a single independent person raise finger against
them in the investigation.
5. Learned senior counsel for the E.O.U. has filed the
counter affidavits in both the cases and submits that based on
the inputs and confessional statement of the petitioners and as
per location provided by the petitioners, namely, Raushan Jha @
Raushan Kumar Jha and Bittu Kumar Jha raid was made in the
house of Devanand Thakur one person namely, Bobby Kalyan
was apprehended and he has disclosed that he is resident of
District-Kurukshetra from the State of Haryana and his room
was searched. During search, 97 SIM cards of airtel, power
banks (41 pieces), 6 pieces trimmers, Aadhar card carrying
photo of Bobby Kalyan but in the name of Shamsher Alam,
Aadhar Card of Bobby Kalyan, Wi-Fi set, mobile phones were
seized from the house of Jogeshwar Thakur. That said Bobby
Kalyan also disclosed that he has come from Haryana to commit
cyber fraud in an organized manner with members of the Gang
i.e. the petitioners and others. He also disclosed the name of
petitioners and others to be members of the Gang for carrying
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out cyber fraud and petitioners and Bobbby Kalyan have
disclosed that at four locations articles/gadgets for committing
cyber crime have been kept by them i.e. -(a) House of Raushan
Jha in Balha,(b) rented accommodation of Raushan Jha in
Laxmi Sagar, Darbhanga.(c) rented accommodation of Bittu Jha
in Village- Katariya Gandhi Nagar, Darbhanga and (d) rented
accommodation of Raushan Jha at Madarpur, Laheriasarai,
Darbhanga.
6. Learned senior counsel for the E.O.U. further
submits that the recovery of incriminating articles from
possession of the petitioners and upon their disclosure the
present case was lodged on allegation of organized cyber crime
involving procurement and used of illegal SIM Boxes, SIM
Cards, Wi-Fi routers, Wi-Fi- pulse camera, Wi-Fi remotes and
other related equipment for committing cyber offences on a
large scale. During investigation, search was conducted at the
house of petitioner, namely, Raushan Jha @ Raushan Kumar Jha
from where the following articles were recovered and seized:-
i. Rs. 500 denomination currency notes @ 800 pieces
(total Rs. 4,00,000/-),
ii. 47 Vodafone SIM cards,
iii. One Axis Bank cheque book (Account No.
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925020017265964, serial no. 145048 to 145070) in the name of
"Maa Bhawani Dresses",
iv. One Motorola G85 mobile phone containing SIM
No. 8651072002 (IMEI No. 358261425080997 & 35826142508
f003).
Upon raid in the rented accommodation of this
petitioner Raushan Kumar Jha at Laxmisagar P.S. Sadar,
Darbhanga following articles were recovered and seized:-
i. Jio Router I G.B.
ii. Inverter.
iii. Battery.
iv. WIFI CP pulse camera.
v. 2 Jio Routers 500 MB.
vi. 1 Wi-Fi remote.
Upon further raid at the instance of this petitioner
Roshan Kumar Jha at Madarpur, Laheriasarai, Darbhanga
following articles were seized :-
(i) 1 Wi-fi CP Plus camera.
(ii) 1 WI FI remote.
(iii) 1 jio router 1 GB.
(iv) 1 Jio router 500 MB.
(v) 1 Battery Liv Guard.
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(vi) I Inverter Liv Guard.
During investigation of Sanha No. 584/2025 a lawful
search was conducted at the house of accused Bittu Jha from
where the following articles recovered and seized:-
i. One Inverter Liv guard,
ii. One battery Liv guard PT48180ST,
iii. One Jio router 1 GB,
iv. One Jio router 500 MB,
v. One Wi-Fi CP Pulse Camera,
vi. One Wi-Fi remote,
vii. One Vivo T4X Mobile (IMEI:86622078059320,
86622078059338, SIM No.7488863410,9534360574).
7. Having heard the learned counsel for the parties
and perused the material available on the record, this Court
prime facie found that petitioners are involved in the cyber
crime and number of articles, which were used in the cyber
crime were recovered from the house or the location disclosed
by the petitioners.
8. Considering the aforesaid facts, I am not inclined
the enlarge the petitioners on bail in connection with Cyber
P.S.Case No.72 of 2025, pending in the court of learned Judicial
Magistrate, 1st Class, Darbhanga.
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9. Prayer is refused.
(Rajesh Kumar Verma, J)
Nitesh/-
U
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