Patna High Court
Upendra Singh @ UtkarshversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances Act, 2023 — s. 318(4), 319(2)
- Information Technology Act, 2000 — s. 66(D)
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
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