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Patna High Court

Mohit Raj @ Romi @ RomioversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The Court denied bail to the petitioner, finding the allegations sufficient to justify continued detention.

Summary

The petitioner, Mohit Raj, was arrested on 17 January 2026 in connection with a cyber‑fraud case (Motihari Cyber P.S. Case No. 13 of 2026) and charged under several sections of the Bihar Negotiable Instruments Act (BNS) and Sections 66(C) and 66(D) of the Information Technology Act. The prosecution alleged that the petitioner, along with co‑accused, used articles recovered from his house to commit the fraud. The petitioner pleaded that he has a clean antecedent, the FIR is fabricated, and he is falsely implicated. The Additional Public Prosecutor opposed bail, citing the seriousness of the offences and the earlier denial of bail to a similarly situated co‑accused. The Court, after considering the material, found the allegations credible and refused the bail application, ordering the petitioner to remain in custody.

Issues considered

  • Whether bail should be granted to the petitioner in view of the alleged cyber‑fraud offences under the BNS and the IT Act.
  • Whether the allegations in the FIR are sufficient to justify denial of bail.

Legislation cited

Subjects

  • bail
  • cyber fraud
  • Information Technology Act
  • Bihar Negotiable Instruments Act
  • pre‑trial detention
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22723 of 2026
                    Arising Out of PS. Case No.-13 Year-2026 Thana- Cyber P.S. District- East Champaran
                 ======================================================
                 Mohit Raj @ Romi @ Romio Son of Sanjay Chaubey @ Sanjay Kumar
                 Chaube Resident Of Village - Sabhyatanagar, Ward No 23, P.s -Raxaul,
                 District- East Champaran
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ajay Kumar Thakur, Advocate
                                          :         Mr. Purushottam Kumar, Advocate
                                          :         Mr. Mudit Meet, Advocate
                 For the Opposite Party/s :         Mr. Anil Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   19-06-2026                       Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   17.01.2026 in connection with Motihari Cyber P.S. Case No. 13

                   of 2026 for the offences punishable under Sections 318(4),

                   319(2), 303(2), 338, 3(5) of the BNS and Sections 66(C),66(D)

                   of the Information Technology Act.

                                3.      The case of the prosecution, in brief, is that

                   petitioner is allegedly involved in cyber fraud activity with other

                   co-accused persons. Upon search of petitioner’s house, some

                   articles were recovered from the house.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. It is further submitted that the

                   allegation as alleged in the FIR is forged and fabricated and the

                   petitioner has not committed any offence as alleged in the FIR.
           Patna High Court CR. MISC. No.22723 of 2026(4) dt.19-06-2026
                                                       2/2




                                 5. The learned Additional Public Prosecutor for the

                     State, on the other hand, on the basis of materials available on

                     record and the case diary has vehemently opposed the prayer for

                     bail of the petitioner and submits that petitioner is involved in

                     the present crime in question. Apart from that number of articles

                     which were used in cyber fraud was recovered from the house of

                     the petitioner. It is also submitted that bail application of

                     similarly situated co-accused person, namely, Kundesh Kumar

                     @ Chottu Kushwaha has been rejected by this Court vide order

                     dated 13.03.2026 passed in Cr. Misc. No. 19548 of 2026.

                                  6. Considering the facts and circumstances of the

                     case, I am not inclined to enlarge the petitioner on bail in

                     connection with Motihari Cyber P.S. Case No. 13 of 2026

                     pending in the court of learned ACJM-IV, East Champaran at

                     Motihari.

                                  7. Prayer is refused.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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