Patna High Court
Roshan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied bail, holding that the seriousness of the alleged cyber‑crimes and the material evidence against the petitioner preclude the grant of bail.
Summary
The petitioner, Roshan Kumar, applied for regular bail in a cyber‑crime case (Saharsa Cyber P.S. Case No. 33 of 2024) involving offences under Sections 406, 419, 420, 465, 467, 468, 471, 120(B) of the IPC, Sections 66, 66(C), 66(D) of the IT Act and Section 3/4 of the Public Gambling Act. The trial is underway and the petitioner has been in custody since 13 May 2024. The State opposed bail, arguing that investigation has produced sufficient material linking the petitioner to the alleged fraud, including recovered ATM cards and chequebooks. The Court, noting the seriousness of the cyber‑fraud allegations and the material evidence, was not inclined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to the petitioner in a case involving multiple serious cyber‑offences under the IPC, IT Act and Public Gambling Act.
Legislation cited
- Indian Penal Code — s. 120(B), 406, 419, 420, 465, 467, 468, 471
- Information Technology Act, 2000 — s. 66, 66(C), 66(D)
- Public Gambling Act, 1867 — s. 3/4
Subjects
- bail
- cyber crime
- Indian Penal Code
- Information Technology Act
- Public Gambling Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44840 of 2025
Arising Out of PS. Case No.-33 Year-2024 Thana- Cyber P.S. District- Saharsa
======================================================
Roshan Kumar S/o Raj Kishore Sah R/o Chanakyapuri, Mira Talkies Road,
Ward No. 31, PS-Saharsa, Distt.- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amitabh Sohan
For the State : Mr. Brajendra Nath Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-02-2026 Heard learned counsel for the petitioner, Mr. Amitabh
Sohan and learned APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Saharsa Cyber P.S.
Case No. 33 of 2024 registered for the offence under Sections
406, 419, 420, 465, 467, 468, 471, 120(B) IPC, 66, 66(C), 66(D)
of the IT Act and ¾ of Public Gambling Act.
3. Earlier, the bail application of the petitioner has
been rejected by this Court vide order dated 21.08.2024 passed
in Cr. Misc. No. 58287 of 2024, which reads as under:
“Heard learned counsel for the petitioners
and learned APP for the State.
2. The petitioners seek bail in connection
with Saharsa Cyber P.S. Case No. 33 of 2024
registered for the offence punishable under Sections
406, 419, 420, 465, 467, 468, 471 and 120(B) of the
Patna High Court CR. MISC. No.44840 of 2025(3) dt.10-02-2026
2/2
Indian Penal Code; Sections 66, 66© and 66(D) of the
IT Act and Section 3/4 of the Public Gambling Act.
3. The petitioners and other criminals are
alleged to have been involved in a cyber crime. During
search different ATM cards and cheque books etc. have
been recovered from them. The accused persons are
members of cyber fraud gang. The petitioners are in
jail since 13.05.2024.
4. Learned A.P.P. has vehemently opposed
the prayer for bail and has submitted that sufficient
material has come during investigation to connect the
petitioners with the crime.
5. Considering the fact that petitioners are
involved in cyber crime, I am not inclined to grant bail
to the petitioners.
6. This application for regular bail is
dismissed.”
4. The trial has been started.
5. Considering the above facts and circumstances, I
am not inclined to grant bail to the petitioner.
6. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
priyanka/-
U T
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