Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The bail application was denied.
Summary
Suraj Kumar was arrested on 14 March 2026 in connection with a case alleging that he participated in a cyber‑crime scheme advertising cheap‑interest loans, violating several sections of the Bihar Narcotic Substances Act, 2023 and the Information Technology Act. The prosecution claimed that a UCO Platinum Card recovered from the accused was used to withdraw fraudulently obtained funds and that mobile phones and ATM cards were seized from his possession, indicating his active involvement. The petitioner argued that he has a clean record, the FIR is fabricated, and no documentary evidence of the seized materials was produced. The court examined the seriousness of the offences and the material evidence presented by the prosecution. Concluding that the allegations and seized items suggested participation in the crime, the court refused the bail application.
Issues considered
- Whether bail should be granted to the accused in light of the alleged cyber‑fraud offences under the Bihar Narcotic Substances Act, 2023 and the Information Technology Act.
- Whether the material seized and the prosecution’s case establish sufficient grounds to deny bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 318(4), 319(2), 336(3), 338, 339, 340(2), 61(5)
- Information Technology Act — s. 66, 66(D)
Subjects
- bail
- cyber crime
- fraud
- Information Technology Act
- Bihar Narcotic Substances Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36905 of 2026
Arising Out of PS. Case No.-132 Year-2026 Thana- GRIYAK District- Nalanda
======================================================
Suraj Kumar S/O Pappu Paswan R/O Village- Dasrathpur, P.S- Giriyak
(Pawapuri), District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-06-2026 Heard Mr. Bipin Kumar, learned counsel for the
petitioner and Mr. Nawal Kishore Prasad, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.03.2026 in connection with Goriyak P.S. Case No. 132 of
2026, F.I.R. dated 13.03.2026 for the offences punishable under
Sections 318(4), 319(2), 336(3), 338, 339, 340(2) and 61(5) of
the BNS, 2023 and Sections 66(D) and 66 of the Information
Technology Act.
3. According to prosecution case, this petitioner along
with other accused persons were indulged in cyber crime giving
advertisements regarding loans at cheap interest rate to innocent
people.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.36905 of 2026(2) dt.16-06-2026
2/2
implicated in the present case. The allegation as alleged in the
FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the recovered UCO Platinum Card was given to the
petitioner by one Rajan Kumar to withdraw money from the
account which they have received by committing fraud. In fact,
they have not produced any documents regarding the materials
seized from them. Apart from that the petitioner was
apprehended from the spot and several articles including mobile
phones and ATM cards were also recovered from his possession
which suggest that he has actively participated in the present
crime in question.
6. Considering the aforesaid facts and circumstances
of the case as well as allegation alleged in the FIR, I am not
inclined to enlarge the petitioner on bail in connection with
Goriyak P.S. Case No. 132 of 2026 pending in the court of
learned Chief Judicial Magistrate, Bihar Sharif, Nalanda.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.