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Patna High Court

Suraj Singh @ Suraj Kumar Singh @ Suraj Singh RajputversusThe State of Bihar

Decided
Disposal
BAIL REJECTED
Bench
ANSUL

Holding

Bail was denied to the petitioner on the grounds of potential interference with evidence and witnesses.

Summary

The petitioner, Suraj Singh, was arrested in connection with a cyber‑fraud case involving fraudulent transactions purportedly linked to government tenders. He is charged under Sections 318(4) and 319(2) of the Bharatiya Nyaya Sanhita and Sections 66(C) and 66(D) of the Information Technology Act, 2000. The petitioner applied for bail, arguing that the trial is pending and that he is merely a conduit for the transactions. The court noted the seriousness of cyber‑fraud, the risk that the petitioner could tamper with digital evidence or influence witnesses if released, and the need to complete the trial before determining guilt. Consequently, the bail application was rejected, with the court emphasizing that its observations are prima facie and limited to the bail matter.

Issues considered

  • What is the appropriate consideration for granting bail to a person alleged to have facilitated cyber‑fraud transactions?
  • Does the petitioner pose a risk of tampering with digital evidence or influencing witnesses if released on bail?

Legislation cited

Subjects

  • bail
  • cyber fraud
  • Information Technology Act
  • digital evidence
  • evidence tampering
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33779 of 2026
                       Arising Out of PS. Case No.-11 Year-2026 Thana- Cyber P.S. District- Bhojpur
                 ======================================================
                 Suraj Singh @ Suraj Kumar Singh @ Suraj Singh Rajput S/o Arjun Singh R/o
                 Gyanpur, Semariya, P.S.- Barhara, Distt.- Bhojpur

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Raghvendra Kumar, Advocate
                 For the Opposite Party/s :        Mr.Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   24-06-2026                     Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner seeks bail in connection with Cyber

                   Bhojpur P.S. Case No. 11 of 2026, registered for offences

                   punishable under Section 318(4) and 319(2) of the Bharatiya

                   Nyaya Sanhita and Sections 66(C) and 66(D) of the Information

                   Technology Act, 2000.

                               3. Two persons were arrested in connection with this

                   case. In their statements, they disclosed to the police that they

                   were engaged in fraudulent transactions in the name of

                   settlement of tenders for balu ghat. Persons were deceived and

                   the petitioner's account number was furnished to them for

                   receipt of such transactions, which were thereafter carried out

                   through the said account.
Patna High Court CR. MISC. No.33779 of 2026(3) dt.24-06-2026
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                      4. Cyber fraud, including the practice of deceiving

          persons in the name of settlement of government tenders or

          other commercial dealings, is a growing menace in the State of

          Bihar. Culprits in such cases most often operate from the

          shadows, and the more careful among them take care not to

          leave behind a discernible digital trail. In the present case, a

          charge-sheet has been filed and a number of witnesses remain to

          be examined. The guilt of the petitioner can be determined only

          upon completion of trial. What is of immediate concern is that

          the petitioner, by his alleged role in making available his

          account as a conduit for fraudulent receipts, appears to have

          functioning knowledge of the digital and banking systems

          involved in this operation. There is, accordingly, every

          likelihood that if released on bail, the petitioner would attempt

          to tamper with digital evidence or approach witnesses, and that

          the course of justice would be prejudiced.

                      5. Accordingly, the prayer for bail of the petitioner is

          hereby rejected.

                      6. It is made clear that any observation made herein is

          prima facie in nature and limited solely to the purpose of

          adjudication of the present bail application. Such observations

          shall not be construed as an expression of opinion on the merits
           Patna High Court CR. MISC. No.33779 of 2026(3) dt.24-06-2026
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                     of the case and shall not influence the trial or any other

                     proceedings in any manner whatsoever.



                                                      (Ansul, J)
abhishekkr/-

U      T


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