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Patna High Court

Rahul Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner with specified conditions.

Summary

The petitioner, Rahul Kumar Singh, was arrested in connection with a cheating case where he allegedly defrauded an informant of Rs.10,000 by promising a job, and was charged under Sections 316(2), 318(4), 319(2), 336(2), 336(3) of the Bihar Negotiable Instruments Act and Section 66D of the Information Technology Act. The petitioner claimed the allegations were false, arising from a personal dispute, and asserted that the transactions were friendly, despite having three prior criminal records and being in custody since 19‑01‑2026. The State opposed his regular bail application, citing the seriousness of the offences and his antecedents. The Court, after considering the facts and the petitioner’s undertaking to cooperate, allowed the regular bail, directing a bail bond of Rs.10,000 with two sureties and a condition to appear at the police station every Sunday. Non‑compliance with the attendance condition would lead to cancellation of bail.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the nature of the offences and his prior criminal antecedents
  • Whether the procedural defect pointed out by the Office warrants denial of bail

Legislation cited

Subjects

  • bail
  • cheating
  • cyber crime
  • Information Technology Act
  • Bihar Negotiable Instruments Act
  • regular bail
  • criminal antecedents
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21751 of 2026
                      Arising Out of PS. Case No.-87 Year-2025 Thana- Cyber P.S. District- Gopalganj
                 ======================================================
                 Rahul Kumar Singh son of Hiralal Kuvar @ Harkesh Singh R/O Village -
                 Ekderwa, P. S - Thawe, District - Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Tooba Hera, Advocate
                 For the Opposite Party/s :        Mr.Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-04-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The defect(s) as pointed out by the Office is

                   ignored.

                                3. The petitioner seeks bail in connection with

                   Gopalganj P.S. Case No. 87/2025 registered for the offences

                   punishable under Sections 316(2), 318(4), 319(2), 336(2),

                   336(3) of the B.N.S. and Section 66D of I.T. Act.

                                4. As per the prosecution case, petitioner is accused of

                   cheating the informant of Rs. 10,000/- in the name of providing

                   job.

                                5. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel further submits that petitioner and
              Patna High Court CR. MISC. No.21751 of 2026(2) dt.07-04-2026
                                                          2/2




                        informant are friends and there were friendly transactions

                        between them and subsequently because of the dispute, this case

                        has been filed by the informant. Petitioner has three criminal

                        antecedents and he is in custody since 19.01.2026.                 The

                        petitioner undertakes to co-operate in the case/ trial.

                                     6. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     7. Considering the facts and circumstances of the

                        case, this application for regular bail is allowed.

                                     8. Accordingly, let the petitioner, above named, be

                        released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned A.C.J.M.-V, Gopalganj /concerned

                        Court below in connection with                  Gopalganj P.S. Case No.

                        87/2025.

                                     9. As a condition of this order, the petitioner after

                        being released on bail, is directed to mark his attendance at

                        Thawe Police Station, District- Gopalganj on every Sunday of

                        the month. Any default in appearance at the Police Station will

                        result in cancellation of bail bonds of the petitioner.


                                                   (Sandeep Kumar, J)
tusharika/-
U       T


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