Patna High Court
Niraj Kumar @ LaljiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to a bond of Rs. 10,000 and specified conditions.
Summary
The petitioner, Niraj Kumar, was arrested in connection with a cyber fraud case (Warisaliganj P.S. Case No. 519 of 2025) and charged under several sections of the B.N.S. and the Information Technology Act, 2000. The prosecution alleged that two mobile phones and customer data recovered from the petitioner linked him to the offence, while the petitioner contended that he was merely an outlooker and that the actual perpetrators had fled. He further argued that no victim had identified him, he had a clean antecedent, and he had been in custody since 11-10-2025. The learned Additional Public Prosecutor opposed bail, emphasizing the seriousness of the cyber fraud charges. After considering the evidence, the court granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions such as personal appearance at each trial date and cancellation provisions for future offences or concealment of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the nature of the cyber fraud charges and the recovery of mobile phones from his possession
- Whether the petitioner poses a risk of tampering with evidence or committing further offences if released on bail
Legislation cited
- B.N.S. — s. 303(2), 318(2), 318(4), 336(2), 338, 340(2), 61(2)
- Information Technology Act, 2000 — s. 66, 66B, 66C, 66D
Subjects
- bail
- cyber fraud
- Information Technology Act
- criminal procedure
- mobile phones
- bail conditions
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.330 of 2026
Arising Out of PS. Case No.-519 Year-2025 Thana- WARISLIGANJ District- Nawada
======================================================
Niraj Kumar @ Lalji Son of Late Vijay Prasad Singh R/O Vill.- Beldha, P.S.-
Warisaliganj, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hansraj, Advocate
For the Opposite Party/s : Mr.Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 11-02-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Warisaliganj P.S. Case No. 519 of 2025
registered for the offences punishable under Sections 318(2),
303(2), 318(4), 336(2), 338, 340(2) and 61(2) of the B.N.S. and
under Sections 66, 66(B), 66(C) and 66(D) of the I.T. Act, 2000.
3. As per the prosecution story, the allegation
against the petitioner is that he was found to be involved in
committing cyber fraud and he was apprehended at the
place of occurrence.
4. Learned counsel for the petitioner submits that
the petitioner has falsely been implicated in this case and
Patna High Court CR. MISC. No.330 of 2026(3) dt.11-02-2026
2/4
admittedly, two mobile phones were recovered from the
possession of the petitioner along with some customer data
which is said to have been found scattered on the ground.
He further submits that admittedly two to three persons are
said to have fled away from the place of occurrence and it
was them who were involved in the said crime and
petitioner who was the outlooker was falsely implicated in
the present case. He next submits that no person has come
forward to allege that the petitioner was involved in duping
him or her. It has lastly been submitted that the petitioner
carries clean antecedent and that he is in custody since
11.10.2025.
5. Learned APP for the state has vehemently
opposed the prayer for bail and has stated that the petitioner
is involved in cyber fraud and hence, should not be released
on bail.
6. Considering the aforesaid facts and
circumstances and taking into account the fact that two
mobile phones have been recovered from the possession of
the petitioner, let the petitioner be released on bail. , let the
petitioner, above named, be released on bail on furnishing bail
Patna High Court CR. MISC. No.330 of 2026(3) dt.11-02-2026
3/4
bond of Rs. 10,000/- (Ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court below where
the case is pending/successor court in connection with
Warisaliganj P.S. Case No. 519 of 2025, subject to the following
conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be local resident.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two 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.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be at liberty to
move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is found
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose of or in
the name of verification.
Patna High Court CR. MISC. No.330 of 2026(3) dt.11-02-2026
4/4
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
Checking your session…