Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied as the petitioner’s alleged involvement in serious cyber fraud warranted custody.
Summary
Rahul Kumar applied for anticipatory bail after being implicated in a case (PS No. 164 of 2025) for supplying fake SIM cards and mobile phones used in cyber fraud. The investigation, based on statements of co‑accused, linked him to offences under several sections of the Bharatiya Nyaya Sanhita, 2023 and Sections 66C and 66D of the IT Act. The High Court examined whether the seriousness of the alleged cyber offences justified granting anticipatory bail. Considering the gravity of the offences and the petitioner’s alleged role in facilitating the fraud, the Court declined to grant anticipatory bail. The application was dismissed, but the petitioner was allowed to surrender within two weeks and seek regular bail.
Issues considered
- Whether anticipatory bail should be granted to a person accused of supplying fake SIM cards and mobile phones for cyber fraud under the Bharatiya Nyaya Sanhita, 2023 and the IT Act.
- Whether the nature and gravity of the alleged offences preclude the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 319(2), 336(3), 338, 339, 340(2), 341(1), 342(1), 3(5), 61(2)
- Information Technology Act — s. 66C, 66D
Subjects
- anticipatory bail
- cyber fraud
- fake SIM cards
- IT Act
- Bharatiya Nyaya Sanhita
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40234 of 2026
Arising Out of PS. Case No.-164 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Rahul Kumar Son of Sunil Mistri Resident of Village- Maira, P.S.- Katrisarai,
District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Chandra
For the Opposite Party/s : Mr. Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-07-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Giriyak (Katrisarai) P.S. Case No. 164 of 2025 registered for
offences under Section(s) 318(4), 319(2), 336(3), 338, 339,
340(2), 341(1), 342(1), 61(2) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Sections 66C and 66D of the IT Act.
3. The petitioner is accused of supplying fake SIM
cards and mobile phones to the co-accused persons for
commission of cyber crimes. The co-accused persons were
arrested along with mobile phones, documents, cash and other
incriminating materials, which revealed their involvement in
cyber fraud activities. During the course of investigation, the
name of the petitioner surfaced in the self-inculpatory statement
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of the co-accused persons, wherein it was stated that the
petitioner had provided the mobile phone and fake SIM cards
used for committing the alleged cyber offences.
4. During the course of investigation, it has transpired
that Rahul Kumar (the petitioner) had allegedly supplied mobile
phones and fake SIM cards to the co-accused persons with the
intention of facilitating the commission of cyber fraud. The
materials collected during the investigation indicate the
petitioner’s involvement in providing the necessary resources
for carrying out the alleged fraudulent activities.
5. Considering the nature and the gravity of the
offence and the fact that the petitioner is involved in cyber
fruad, this Court is not inclined to grant the privilege of
anticipatory bail to the petitioner in the present case.
6. Accordingly, the application for anticipatory bail is
hereby dismissed.
7. However, the petitioner is at liberty to surrender
before the concerned Court below within two weeks from today
and pray for regular bail, if so advised.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
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shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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