Patna High Court

Nitesh Kumar Singh @ Nitesh SinghversusThe State of Bihar

Decided: 27 April 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The court held that bail should be granted as the implication was merely prima facie and based on a single transaction, and therefore the petitioner is entitled to release on bail.

Summary

The petitioner, Nitesh Kumar Singh, was not named in the FIR relating to a cyber fraud case involving illegal UPI withdrawals of Rs. 82,000. During investigation, a mobile used in the fraud was seized from a co-accused's shop, and the petitioner was implicated solely on the basis of a single Rs. 1,400 transaction made by the co-accused to him as a neighbor. The petitioner, a man of clean antecedent, sought bail, while the State opposed it. The court examined the prima facie nature of the implication, finding it based only on suspicion arising from the modest transaction. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, invoking Section 482(2) of the Bhartiya Nayay Sanhita. The bail order is subject to the petitioner surrendering before the trial court within four weeks.

Issues considered

What is the appropriate basis for granting bail to a person not named in the FIR but implicated solely on a minor financial transaction?
Whether the suspicion arising from a single transaction justifies denial of bail under the provisions of Section 482(2) of the Bhartiya Nayay Sanhita.

Legislation cited

Information Technology Act — s. 66(C), 66(D)

Subjects

bail
cyber fraud
UPI fraud
section 482
IT Act
investigation
suspicion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 26754 of 2026
                       Arising Out of PS. Case No.-3 Year-2026 Thana- Cyber P.S. District- Bhagalpur
                 ======================================================
                 Nitesh Kumar Singh @ Nitesh Singh, S/o Prabhash Chandra Singh R/o
                 Village- Vikramshila Nagar, Kahalgoan, P.S- Kahalgoan, Dist- Bhagalpur.
                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar.                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Swapnil Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr.Rajiv Nayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   27-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing

                   on behalf of the State.

                                2. The accused/petitioner not named in FIR and

                   apprehending his arrest in connection with Cyber P.S. Case

                   No. 03 of 2026 registered for the offences punishable under

                   Sections 303(2), 317(2), 317(4), 317(5), 318(4) of

                   Bhartiya Nayay Sanhita and Section 66(C), 66(D) of IT Act.

                                3. As per FIR, some unknown persons committed

                   cyber fraud upon the informant and by using UPI withdrawn

                   illegally Rs. 82,000/-. A complaint was also lodged in this

                   connection on help line No. 1930.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that during course of investigation,
Patna High Court CR. MISC. No. 26754 of 2026(2) dt.27-04-2026
                                             2/3




          the alleged mobile which was used in cyber fraud was seized

          from the mobile repairing shop of co-accused Saurav Kumar.

          It is submitted that on his confession and also on the basis

          of single transaction of Rs. 1400/- which was made by said

          co-accused Saurav Kumar to this petitioner in personal

          capacity being neighbour, the petitioner was implicated with

          present crime in question, who is otherwise man of clean

          antecedent.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as prima facie the implication of

          petitioner appears on the basis of suspicion arising out of

          single transaction of Rs. 1400/- as discussed aforesaid,

          accordingly, above named petitioner, in the event of his

          arrest or surrender before the learned trial Court, within a

          period of four weeks of the order, is directed to be released

          on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten

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

          satisfaction         of      the         learned      J.M.   1st   Class,

          Bhagalpur/concerned Court, where the case is pending in
              Patna High Court CR. MISC. No. 26754 of 2026(2) dt.27-04-2026
                                                          3/3




                        connection with Cyber P.S. Case No. 03 of 2026 subject to

                        the conditions as laid down under Section 482(2) of the

                        BNSS.



                                               (Chandra Shekhar Jha, J)
veena/-

U         T

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