Created by Fuzzy Cloud

Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
Patna High Court CR. MISC. No.40234 of 2026(2) dt.07-07-2026
                                            2/3




          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
            Patna High Court CR. MISC. No.40234 of 2026(2) dt.07-07-2026
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.