Patna High Court
Rajnikant KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Rajnikant Kumar was arrested in a cyber‑fraud case involving alleged cheating of Rs 8,11,927 through a PhonePe scam, charged under IPC sections 419 and 420 and IT Act sections 66(c) and 66(d). The prosecution alleged that the complainant’s money was siphoned via an app suggested by PhonePe customer care. The petitioner contended he was innocent, asserting that the money was received in another person’s account and that only a co‑accused’s confessional statement implicated him, with no direct evidence against him. He had been in judicial custody since 3 January 2026 and sought regular bail, while the State opposed bail citing a prior criminal antecedent. After hearing both sides, the court found the evidence insufficient to deny bail and ordered his release on a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the alleged cyber‑fraud offences.
- Whether the confessional statement of a co‑accused is sufficient to justify denial of bail.
- Whether the petitioner’s prior criminal antecedent bars the grant of bail.
Legislation cited
- Indian Penal Code — s. 419, 420
- Information Technology Act — s. 66(c), 66(d)
Subjects
- bail
- cyber fraud
- cheating
- IPC
- IT Act
- confessional statement
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24381 of 2026
Arising Out of PS. Case No.-57 Year-2024 Thana- Cyber P.S. District- Saran
======================================================
Rajnikant Kumar S/o Manoj Kumar @ Rohan Garai Resident of Village-
Daruara, P.S.- Noorsarai, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nalin Kumar, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 419 and 420
of Indian Penal Code and Section 66(c) and 66(d) of I.T. Act.
3. The case of the prosecution is that the complainant
went to Dighwara Branch of State Bank of India and
complained that from his phone pe account, the money was not
being transferred, the bank officials informed him that there was
no issue from the bank end and suggested him to talk with
customer care of phone pe, as his limit has been closed. It is
further alleged that as the complainant contacted the customer
care number, he was directed to download some app and
through that app, he has been cheated with Rs. 8,11,927/-.
Patna High Court CR. MISC. No.24381 of 2026(2) dt.01-05-2026
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4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that some of the amount
was received in the account of Nitish. It has further been
submitted that nothing has been found in the account of this
petitioner. It has further been submitted that Manish has given
his confessional statement and in his confessional statement, he
has named this petitioner. Save and except, confessional
statement of Manish, there is nothing against this petitioner.
Manish has been granted bail by learned co-ordinate Bench of
this Court vide Cr. Misc. No. 53629 of 2024. The case of this
petitioner stands on similar footing. Moreover, the petitioner is
languishing in judicial custody since 03.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having one criminal antecedent.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Saran Cyber P.S. Case No. 57 of 2024 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.24381 of 2026(2) dt.01-05-2026
3/3
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-IV, Saran at Chapra.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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