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Patna High Court

Ramesh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Regular bail was denied because prima facie material indicated the petitioner’s involvement in serious cyber fraud offences.

Summary

The petitioner, Ramesh Kumar, applied for regular bail in a cyber fraud case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that a mobile phone recovered from the petitioner contained WhatsApp chats, transaction details, QR codes and other digital material indicating his participation in cyber fraud. The petitioner had been in custody since 1 April 2026 and argued that he was entitled to regular bail. The Court examined the prima facie material and considered the seriousness of the offences, including sections relating to fraud, forgery, and cyber offences. Concluding that the evidence suggested the petitioner’s involvement in the alleged crime, the Court declined to grant bail. The application for regular bail was therefore dismissed, with the Court noting that its observations were limited to the bail application and would not affect the trial.

Issues considered

  • Whether regular bail can be granted when prima facie evidence indicates the petitioner’s involvement in cyber fraud.
  • Whether the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023 warrants denial of bail.

Legislation cited

Subjects

  • regular bail
  • cyber fraud
  • prima facie evidence
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43227 of 2026
                       Arising Out of PS. Case No.-35 Year-2026 Thana- Cyber P.S. District- Nawada
                 ======================================================
                 Ramesh Kumar Son of Rambriksh Kumar Raut @ Ram Vriksh Raut Resident
                 of Village- Fataha, P.S.- Warisaliganj, District- Nawada

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Birendra Kumar
                 For the Opposite Party/s :        Mr.Zainul Abedin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-07-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Nawada Cyber P.S. Case No. 35 of 2026 registered for the

                   offence under Sections 303(2), 318(2), 318(4), 319(2), 336(2),

                   336(3), 338, 340(2), 317(2), 317(5), 61(2) of the Bharatiya

                   Nyaya Sanhita, 2023.

                                3. The allegation against the petitioner is that he is

                   involved in cyber fraud. A mobile phone was recovered from his

                   possession, which allegedly contained WhatsApp chats,

                   transaction details, QR codes and other digital material

                   indicating his involvement in cyber fraud activities.

                                4. The petitioner is in custody since 01.04.2026. The

                   allegations against the petitioner are serious and grave in nature.
            Patna High Court CR. MISC. No.43227 of 2026(2) dt.06-07-2026
                                                        2/2




                      There exists prima facie material against the petitioner

                      indicating his involvement in the commission of the offence.

                                   5. Considering the fact that the petitioner is involved

                      in cyber fraud, this Court is not inclined to grant regular bail to

                      the petitioner.

                                   6. Accordingly, this application for regular bail stands

                      dismissed.

                                   7. 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

                      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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