Created by Fuzzy Cloud

Patna High Court

Upendra Singh @ UtkarshversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Upendra Singh, sought bail in a cyber‑crime case (Case No. 45 of 2025) alleging offences under Sections 318(4) and 319(2) of the Bihar Narcotic Substances Act, 2023 and Section 66(D) of the Information Technology Act. The prosecution alleged that the informant received a phone call and was coerced into transferring Rs 19,00,000 via RTGS, of which Rs 10,00,000 has been returned following a compromise. The petitioner asserted no prior criminal record and that he had been in judicial custody since 24‑02‑2026. The State opposed bail. After hearing both sides, the Court considered the compromise, the petitioner’s clean record, and the circumstances, and ordered that bail be granted on a bond of Rs 10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner despite the alleged cyber‑extortion offences under the B.N.S. and IT Act.
  • Whether the partial return of the extorted amount and the alleged compromise affect the bail decision.

Legislation cited

Subjects

  • bail
  • cyber crime
  • extortion
  • IT Act
  • B.N.S.
  • compromise
  • surety
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28157 of 2026
                        Arising Out of PS. Case No.-45 Year-2025 Thana- Cyber P.S. District- Bhojpur
                 ======================================================
                 Upendra Singh @ Utkarsh S/o Omveer Singh Resident of Village - Bharatpur,
                 PS - Mathura Gate, District - Bharatpur, State - Rajasthan

                                                                                      ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Saurabh Kumar, Adv.
                                                    Mr. Shashwat Sahil Singh, Adv.
                 For the Informant         :        Mr. Adesh Raj, Adv.
                                                    Mr. Abhijeet Abhigyan, Adv.
                 For the Opposite Party/s :         Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   04-05-2026                   Heard learned counsel for the petitioner; learned

                   counsel for the informant and learned APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Cyber (Bhojpur) P.S. Case No. 45 of 2025 registered for

                   the offence punishable under Sections 318(4), 319(2) of the

                   B.N.S., 2023 and Section 66(D) of the I.T. Act.

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

                   informant has received a call from mobile number 8220341644

                   and after that call, he was digitally arrested and was forced to

                   transfer Rs. 19,00,000/- through R.T.G.S.

                                 4. After making some submissions, learned counsel

                   for the petitioner submits that the parties have compromised and
           Patna High Court CR. MISC. No.28157 of 2026(2) dt.04-05-2026
                                                       2/2




                     a sum of Rs. 10,00,000/- has already been returned to the

                     informant. The remaining amount is to be paid in due course of

                     the trial. He further submits that a statement has been made in

                     para 3 of the petition that petitioner has no criminal antecedent

                     and he is languishing in judicial custody since 24.02.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  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 enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned District

                     & Sessions Judge, Bhojpur at Ara in connection with Cyber

                     (Bhojpur) P.S. Case No. 45 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.