Created by Fuzzy Cloud

Patna High Court

Niraj Kumar @ LaljiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.