Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court refused to grant anticipatory bail to the petitioners.
Summary
Petitioners Rahul Kumar and Kundan Kumar applied for anticipatory bail fearing arrest in a case registered under multiple provisions of the Bharatiya Nyaya Sanhita and the Information Technology Act. The FIR alleged that they were involved in a cyber‑crime and had fled the scene, with the investigating officer naming them as accused. The petitioners argued that the nature of the allegations did not warrant pre‑emptive detention and sought relief under Section 438 of the Code of Criminal Procedure. The Court examined the seriousness of the offences, including sections dealing with grievous hurt, attempt to murder, and cyber offences, and considered the risk of tampering with evidence. After evaluating the material on record, the Court concluded that the allegations were serious enough to deny anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the serious offences alleged in the FIR
- Whether the nature of the offences under the Bharatiya Nyaya Sanhita and the Information Technology Act justifies denial of anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 111(4), 318(4), 319(2), 336(30), 338, 340(20), 3(5), 61(2)
- Information Technology Act — s. 66(B), 66(D)
Subjects
- anticipatory bail
- cyber crime
- Bharatiya Nyaya Sanhita
- Information Technology Act
- serious offences
- pre‑emptive detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26353 of 2026
Arising Out of PS. Case No.-442 Year-2025 Thana- WARISLIGANJ District- Nawada
======================================================
1. Rahul Kumar S/O Bhuneshwar Mistri R/O Village -Chakway, P.S.-
Warisaliganj, Dist- Nawada
2. Kundan Kumar S/O Naro Raut R/O Village -Chakway, P.S.-Warisaliganj,
Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Ranjan, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in Warisaliganj P. S.
Case No. 442 of 2025 registered for the offence punishable
under Sections 319(2), 318(4), 338, 336(30, 340(20, 111(4),
61(2), 3(5) of the Bharatiya Nyaya Sanhita and Sections 66(B),
66(D) of the Information Technology Act.
3. Petitioners are alleged to be involved in cyber
crime. As per F.I.R., apprehended accused disclosed the names
of these petitioners who allegedly fled from the spot.
4. Considering the nature and seriousness of
accusation, prayer for anticipatory bail of the petitioners is
Patna High Court CR. MISC. No.26353 of 2026(3) dt.24-06-2026
2/2
refused.
(Prabhat Kumar Singh, J)
Navya/Sanjay
U T
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