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Patna High Court

Rajan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, in the absence of any private complaint or direct evidence linking the petitioner’s Rupay card to the alleged cyber fraud, the case was prima facie weak and bail was warranted.

Summary

The petitioner, Rajan Kumar, was named in an FIR for alleged cyber fraud involving loan offers at low interest rates, charged under several sections of the Bihar Negotiable Instruments Act, 2023 and the Information Technology Act, 2000. The FIR alleged that a UCO Bank Platinum Rupay Card, claimed to belong to the petitioner, was recovered from a co-accused and used in the fraud. The petitioner contended that the card was his personal property, given to a friend, and that there was no private complaint or evidence linking the card to any fraudulent transaction. The State opposed bail, but the court observed that, prima facie, no evidence showed the petitioner’s card was used for the alleged offences. Consequently, the court ordered the petitioner’s release on bail subject to standard conditions under Cr.P.C. and the Bihar Negotiable Instruments Act.

Issues considered

  • Whether the FIR and the material recovered establish a prima facie case against the petitioner sufficient to deny bail.
  • Whether the possession of the petitioner’s Rupay card by a co-accused constitutes evidence of his participation in the cyber fraud.
  • Whether a private complaint is required to sustain the charges under the Bihar Negotiable Instruments Act, 2023.

Legislation cited

Subjects

  • bail
  • cyber fraud
  • Information Technology Act
  • section 66
  • section 66(d)
  • criminal procedure
  • evidence
  • private complaint

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36496 of 2026
                       Arising Out of PS. Case No.-132 Year-2026 Thana- GRIYAK District- Nalanda
                 ======================================================
                 Rajan Kumar S/o Pankaj Singh Resident of Village- Pokharpur, P.S.- Giriak,
                 District- Nalanda
                                                                           ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar
                 For the Opposite Party/s :       Mr.Kumar Veerendra Narayan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   16-06-2026                  Heard the parties.

                                2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Giriak P.S. Case

                   No. 132 of 2026 registered for the offences punishable

                   under Sections 318(4), 319(2), 336(3), 338, 339, 340(2)

                   and 61(2) of the BNS 2023 and Sections 66(d) and 66 of

                   the IT Act, 2000.

                                3. As per FIR, petitioner tried to escape after

                   watching police through motorcycle bearing registration no.

                   BR 21 U 8911, which caused suspicion to the informant,

                   where after co-accused Suraj Kumar was apprehended and

                   from his possession two mobile phones having one sim card,

                   one UCO Bank Platinum Rupay Card and Rs. 12,000/- cash
Patna High Court CR. MISC. No.36496 of 2026(2) dt.16-06-2026
                                            2/3




          was recovered, where he along with petitioner and other

          persons were alleged to indulged in cyber fraud by alluring

          innocent persons offering loan against low interest rate.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioner that “UCO Bank Platinum Rupay

          Card” belongs to this petitioner and he gave it to

          apprehended co-accused person as both are friend. It is

          pointed out that there is no complaint of the private persons

          and there is no evidence that this UCO Bank Platinum Rupay

          Card, which belongs to this petitioner was used for cyber

          fraud. It is submitted that present false case was lodged

          against petitioner on the basis of disclosure as made by

          apprehended co-accused person, petitioner claims clean

          antecedent.

                        5. Learned APP opposes the prayer of bail.

                        6. In view of aforesaid factual submission and by

          taking note of fact as prima-facie there is no private

          complaint or any evidence which may suggest that “UCO

          Bank Platinum Rupay Card” belonging to this petitioner was

          used for cyber fraud or fraudulent transaction as alleged,
               Patna High Court CR. MISC. No.36496 of 2026(2) dt.16-06-2026
                                                           3/3




                         accordingly petitioner above-named, in the event of his

                         arrest or surrender before the court below within a period of

                         four weeks, is directed to be released on bail, furnishing bail

                         bond of Rs. 10,000/- (Rupees Ten Thousand) with two

                         sureties of the like amount each to the satisfaction of the

                         learned CJM Biharsharif, Nalanda/concerned Court, where

                         the case is pending in connection with Giriak P.S. Case No.

                         132 of 2026, subject to the conditions as laid down under

                         Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.


                                                                   (Chandra Shekhar Jha, J.)
S.Tripathi/-

U       T


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