Patna High Court

Roshan Kumar SahversusThe State of Bihar

Decided: 5 January 2026
Disposal: BAIL REJECTED
Bench: CHANDRA SHEKHAR JHA

Holding

The anticipatory bail petition was dismissed, denying bail to the petitioner.

Summary

The petitioner, Roshan Kumar Sah, was arrested in a cyber‑crime case alleging cheating of Rs.1,45,000 by promising investment returns. He is accused under IPC sections 379, 406, 419, 420, 468 and IT Act section 66(D). The petitioner claimed the alleged investment never occurred and that the case was politically motivated, asserting a clean antecedent. The State argued that he, as Managing Director of Red Rock Power Ltd., sent QR codes to villagers to collect amounts ranging from Rs.10,000 to Rs.2 lakhs, cheating them of about Rs.50 lakhs before fleeing. Witness statements under Section 161 of the CrPC supported the prosecution’s version. The court, after considering the material, rejected the petitioner's anticipatory bail application.

Issues considered

Whether the petitioner is entitled to anticipatory bail in view of the alleged cheating and cyber‑offences
Whether the allegations under IPC sections 379, 406, 419, 420, 468 and IT Act 66(D) justify denial of bail

Legislation cited

Code of Criminal Procedure, 1973 — s. 161
Indian Penal Code — s. 379, 406, 419, 420, 468
Information Technology Act — s. 66(D)

Subjects

anticipatory bail
cyber fraud
cheating
QR code scam
IPC
IT Act
CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27695 of 2025
                        Arising Out of PS. Case No.-17 Year-2024 Thana- Cyber P.S. District- Saharsa
                 ======================================================
                 Roshan Kumar Sah S/o Mahadeo Sah R/o Vill.- Chandrayan, P.S.- Nauhatta,
                 Distt.- Saharsa
                                                                        ... ... Petitioner
                                               Versus
           1.     The State of Bihar
           2.     Suraj Kumar Jha S/o Rajeev Narayan Jha R/o Vill.- Chandrayan, P.S.-
                  Nauhatta, Distt.- Saharsa
                                                                  ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Chandra Mohan Jha, Advocate
                 For the Opposite Party/s :         Mr.Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   05-01-2026               Heard learned counsel for the petitioner and learned

                   APP for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Cyber (Saharsa)

                   P.S. Case No. 17 of 2024 registered for the offences

                   punishable under Sections 379, 406, 419, 420, 468 of the

                   Indian Penal Code and Section 66(D) of I.T. Act.

                                3. The allegation against the petitioner is to cheat

                   the informant for a sum of Rs. 1,45,000/- on pretext of

                   investment.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that amount as alleged to be invested by the
Patna High Court CR. MISC. No.27695 of 2025(5) dt.05-01-2026
                                            2/3




          informant was never deposited with the petitioner, however,

          he conceded that petitioner is the director of M/s Red Rock

          Power Limited Company (in short the “Company”).

                       5. It is submitted that in fact the petitioner

          implicated with this case out of village politics. In this context,

          it is submitted that no other investor of the same village

          raised any complaint against this petitioner. It is submitted

          that petitioner is a man of clean antecedent.

                       6. Learned A.P.P. for the State, while opposing the

          prayer of anticipatory bail of the petitioner, submitted that on

          perusal of the case diary and materials collected till now, this

          petitioner was the Managing Director of the Company and he

          himself sent different scan code (QR Code) to different

          persons of the village from his mobile to deposit the amount,

          which started from Rs.10,000/- to Rs. Two Lakhs. It is

          pointed out that in such a manner the petitioner cheated

          different villagers for a sum of Rs. 50 Lakhs, and thereafter

          left the village.

                       7. In view of the aforesaid factual submission as the

          witnesses during course of investigation, through their
           Patna High Court CR. MISC. No.27695 of 2025(5) dt.05-01-2026
                                                       3/3




                     statement as recorded under section 161 of the Cr.P.C./180

                     of the B.N.S.S., supported the allegation as raised against the

                     petitioner as to send different scan code to the villagers for

                     depositing money with his Company from his mobile, where

                     admittedly no return as assured was made, accordingly,

                     prayer of anticipatory bail of the petitioner stands rejected.


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T

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