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Patna High Court

AMAN RAJversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, finding that the circumstances did not warrant continued detention.

Summary

The petitioner, Aman Raj, was arrested in connection with Cyber P.S. Case No. 1649 of 2025 for alleged fraudulent advertisements promising PM Mudra loan approvals, under which he allegedly extracted sums ranging from Rs. 4,000 to Rs. 25,000 from victims. The prosecution charged him with offences under Sections 318(2), 318(4), 319(2), 336(2), 336(3), 340(2), 111(2)(b) of the Bharatiya Nyaya Sanhita, 2023 and Section 66D of the Information Technology Act. The petitioner’s counsel argued that he is innocent, no incriminating material is in his possession, and the only link to him is a confessional statement of a co‑accused, which lacks evidentiary value; he also highlighted that other co‑accused had already been granted bail. The State opposed bail, emphasizing the seriousness of the fraud. After considering the custody period, lack of direct evidence, and the precedent of bail to co‑accused, the Court inclined to grant bail, ordering a bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

  • What is the appropriateness of granting bail to the petitioner given the nature of the alleged cyber‑fraud offences?
  • Does a confessional statement of a co‑accused provide sufficient basis to deny bail to the petitioner?
  • Does the period of custody already served justify the release on bail?

Legislation cited

Subjects

  • bail
  • cyber crime
  • fraud
  • deceptive advertisement
  • PM Mudra loan
  • Information Technology Act
  • Bharatiya Nyaya Sanhita
  • confessional statement
  • co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4655 of 2026
                        Arising Out of PS. Case No.-1649 Year-2025 Thana- Cyber P.S. District- Patna
                 ======================================================
                 Aman Raj S/o- Uday Singh R/v- Katauna Ps- Katrisarai Dist-Nalanda
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mrs. Nivedita Nirvikar, Sr. Advocate
                                                    Mr. Amarshakti, Advocate
                                                    Mr. Shashi Priya, Advocate
                 For the Opposite Party/s :         Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   03-02-2026                            Heard learned counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks bail in connection with Cyber

                   P.S. Case No. 1649 of 2025, instituted for the offences

                   punishable under Sections 318(2), 318(4), 319(2), 336(2),

                   336(3), 340(2), 111(2)(b) of the Bharatiya Nyaya Sanhita, 2023

                   and Section 66D of the I.T. Act.

                                 3. The prosecution case, in short, is that the accused

                   persons were engaged in producing deceptive advertisements on

                   social media, which resulted in fraudulent activities concerning

                   the PM Mudra Loan approvals. In the guise of sanctioning these

                   loans, the accused persons extracted sums between Rs. 4,000/-

                   and Rs. 25,000/- from customers, after which they blocked the

                   customers’ mobile numbers and did not return any money.
Patna High Court CR. MISC. No.4655 of 2026(2) dt.03-02-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. No incriminating material has been recovered from

          the conscious possession of the petitioner. Learned counsel for

          the petitioner also submitted that he petitioner was not arrested

          on spot. Name of the petitioner has transpired in this case on the

          basis of confessional statement made by co-accused person and

          the same has got no evidentiary value. The petitioner is in

          custody since 04.09.2025 and has got one criminal antecedent in

          which he is on bail. Learned counsel for the petitioner further

          submits that other co-accused have been granted regular bail by

          this Court vide order dated 17.11.2025 passed in Cr. Misc. No.

          70988 of 2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court
             Patna High Court CR. MISC. No.4655 of 2026(2) dt.03-02-2026
                                                         3/3




                       below/concerned Court in connection with Cyber P.S. Case No.

                       1649 of 2025.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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