Patna High Court
Ramesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(2), 317(5), 318(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2), 61(2)
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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