Patna High Court
Rajram Kumar @ Rajaram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, directing release upon furnishing the prescribed bond and conditions.
Summary
Petitioner Rajram Kumar was arrested during a police raid on alleged cyber criminals and charged under several sections of the Bihar Penal Code and the Information Technology Act. The prosecution alleged possession of mobile phones, ATM cards, and personal documents, while the petitioner contended that only his own phones were recovered and no specific complaint of cyber fraud was filed against him. He argued that he was falsely implicated while irrigating his field and highlighted his prior bail in two other cases. The court examined the vague nature of the allegations, the charge sheet, and the length of his custody, and found insufficient grounds to deny bail. Consequently, the court ordered his release on bail with a bond of Rs.10,000 and specific conditions, including sureties and attendance requirements.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the Bihar Penal Code and the IT Act
- Whether the evidence recovered from the petitioner establishes a prima facie case justifying denial of bail
Legislation cited
- Bihar Penal Code — s. 111(4), 303(2), 318(2), 319(2), 336(4), 338, 340(2), 3(5), 61(2)
- Information Technology Act, 2000 — s. 66, 66(B), 66(c), 66(d)
Subjects
- bail
- cyber crime
- Information Technology Act
- Bihar Penal Code
- police raid
- charge sheet
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32002 of 2026
Arising Out of PS. Case No.-37 Year-2026 Thana- WARISLIGANJ District- Nawada
======================================================
Rajram Kumar @ Rajaram Kumar S/o Ramashish Singh R/o Village - Pasrah,
P.S. - Warsiliganj in the district of Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Warisaliganj P.S. Case No. 37 of 2026,
registered for the offences under Sections 303(2), 318(2),
319(2), 336(4), 340(2), 338, 111(4), 61(2), 3(5) of the BNS and
Section 66, 66(B), 66(c), 66(d) of the IT Act.
3. As per the prosecution case, on receiving a tip off
about assembly of some cyber criminals, a raid was conducted
at the identified place. Nine persons were found there, five
persons fled away on seeing police party but four other were
apprehended including this petitioner. From the possession of
the petitioner and other coaccused persons persons, recovery of
mobile phones, ATM cards, customer data, aadhaar card, voter
Patna High Court CR. MISC. No.32002 of 2026(3) dt.01-07-2026
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card, driving license and pan card was made.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and has been
falsely implicated in this case. From the possession of the
petitioner only two mobile phones were recovered and both the
mobile phones belong to the petitioner and purchase receipt of
the same is annexed at Annexure-2. Nothing incriminating has
been recovered from the conscious possession of the petitioner
and nobody has raised complaint against the petitioner for cyber
fraud and cheating. The petitioner has been irrigating his field,
meanwhile police came and arrested him and implicated him in
this false case. Petitioner is in custody since 20.01.2026 and
charge sheet has been submitted. Petitioner has antecedent of
two cases and he is on bail in both the cases.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
vague nature of allegation, submission of charge sheet and
period of custody of the petitioner, the petitioner is directed to
be released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
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amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-IV, Nawada/concerned court, in connection
with Warisaliganj P.S. Case No. 37 of 2026, subject to the
condition laid down under Section 480(3) of the BNSS and
other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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