Patna High Court
Birendra Chaudhary @ Virerdra ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied bail, holding that the material evidence connecting the petitioner to the alleged fraud warranted the continuation of his custody.
Summary
The petitioner, Birendra Chaudhary, was arrested in connection with a fraud case registered as Bhagalpur Cyber P.S. Case No. 29 of 2026, wherein he is alleged to have cheated Rs. 47,61,000 by promising a franchise to Zudio. The charges include offences under Sections 319(2), 318(4), 338 of the Bharatiya Nyaya Sanhita and Sections 66(C) and 66(D) of the Information Technology Act. The petitioner, represented by Advocate Deepak Kumar, pleaded innocence and sought regular bail, having been in custody since 26‑04‑2026. The State, represented by Assistant Public Prosecutor Binod Kumar, opposed bail, emphasizing the material evidence linking the petitioner to the fraud. The Court, after hearing both sides, found the prosecution's material sufficient to justify continued detention and therefore dismissed the bail application. The judgment was limited to the bail issue and did not express any opinion on the merits of the underlying criminal case.
Issues considered
- Whether the petitioner is entitled to regular bail in view of the alleged fraud and the material evidence against him
Legislation cited
- Bharatiya Nyaya Sanhita — s. 318(4), 319(2), 338
- Information Technology Act — s. 66(C), 66(D)
Subjects
- bail
- fraud
- cheating
- cyber crime
- Information Technology Act
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41334 of 2026
Arising Out of PS. Case No.-29 Year-2026 Thana- Cyber P.S. District- Bhagalpur
======================================================
Birendra Chaudhary @ Virerdra Chaudhary S/o Ram Swarup Chaudhary @
Ram Shavrup Chaudhary R/o Village- Bhagvanpur, P.S. - Silao District-
Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar, Advocate
For the State : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bhagalpur Cyber P.S. Case No. 29 of 2026 registered for the
offence punishable under Sections 319(2), 318(4), 338 of the
Bharatiya Nyaya Sanhita and Sections 66(C) and 66(D) of the
Information Technology Act.
3. As per the prosecution case, the petitioner is alleged
to have cheated Rs. 47,61,000/- in the name of giving franchise
to Zudio.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner is in custody since 26.04.2026.
Patna High Court CR. MISC. No.41334 of 2026(2) dt.24-06-2026
2/2
5. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
6. The petitioner has been found to be involved in
committing fraud and cheating Rs. 47,61,000/- in the name of
giving franchise to Zudio. Considering the fact that materials
have come during investigation to connect the petitioner with
the crime, I am not inclined to grant bail to the petitioner.
7. Accordingly, the application stands dismissed.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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