Patna High Court
Rajan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Negotiable Instruments Act — s. 318(4), 319(2), 336(3), 338, 339, 340(2), 61(2)
- Information Technology Act, 2000 — s. 66, 66(d)
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
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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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