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Patna High Court

Raja ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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