Patna High Court
Raja ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner subject to a bond of Rs 10,000 and two sureties.
Summary
The petitioner, Raja Chaudhary, applied for bail in a cyber‑P.S. case (No. 03 of 2025) alleging offences under Sections 316(2), 318(4), 319(2), 338, 336 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The FIR alleges that he, on the instruction of Vikram Singh, accompanied an informant to a bank where Singh opened a fraudulent account in the informant’s name and misused it. The petitioner contends he is innocent, merely a neighbour who was directed by Singh, and has no prior criminal record; the charge‑sheet has already been filed. The State opposed bail, arguing the seriousness of the fraud‑related offences. After considering the submissions, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged involvement in fraud and related offences under the Bharatiya Nyaya Sanhita, 2023
- Whether the petitioner is a principal offender or merely an accomplice acting under instruction
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 319(2), 336, 338, 3(5)
Subjects
- bail
- cyber crime
- fraud
- Bharatiya Nyaya Sanhita
- sections 316 318 319 338 336 3
- accomplice liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2829 of 2026
Arising Out of PS. Case No.-3 Year-2025 Thana- Cyber P.S. District- Begusarai
======================================================
Raja Chaudhary, Son of Baua Chaudhary @ Vinay Kumar Chaudhary, R/o
Mohalla - Manopur, P.S.- Bhagwanpur, Dist.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Adv.
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner seeks bail in connection with
Cyber P.S. Case No. 03 of 2025 dated 12.01.2025 registered
for the offence punishable under Sections 316(2), 318(4),
319(2), 338, 336 and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. The only allegation against the petitioner is that
he, on the instruction of Vikram Singh, went to the Bank
along with the informant. The main allegation is against
Vikram Singh, who took the informant to open an account
in his name in UCO Bank under the pretext of providing
loan to him. After opening the account, Vikram Singh kept
Patna High Court CR. MISC. No.2829 of 2026(3) dt.24-02-2026
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his Passbook, Adhaar Card Number, PAN Card, ATM Card
and also obtained a SIM Card in his name. Thereafter, he
misused his account and obtained funds fraudulently.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in
this case. It is submitted that it is apparent from the F.I.R.
that there is specific allegation against Vikram Singh, who
opened a bank account in the name of the informant and
kept all relevant documents such as Passbook, Adhaar Card,
PAN Card, ATM Card and also obtained a SIM Card in the
name of the informant and other requisite documents and
misused his bank account. The allegation against the
petitioner is that he on the instruction of Vikram Singh went
to the Bank along with the informant, except this, there is
no other allegation against the petitioner. The petitioner is
neighbour of the informant known to each other. The
petitioner is in custody since 01.10.2025, having no
criminal antecedent and charge-sheet has been submitted in
the case.
5. Learned A.P.P for the State opposes the prayer
for bail of the petitioner.
Patna High Court CR. MISC. No.2829 of 2026(3) dt.24-02-2026
3/3
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the
parties, let the petitioner be released on bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of the learned
A.C.J.M.-1, Begusarai in connection with Cyber P.S. Case
No. 03 of 2025.
(Khatim Reza, J)
prabhat/-
U T
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