Patna High Court

Abhay Raj @ Raja RamversusThe State of Bihar

Decided: 3 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Abhay Raj, was arrested in Nawada Cyber Police Station case No. 142 of 2025 on suspicion of multiple offences under the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act. The prosecution alleged that mobile phones and a motorcycle recovered from him contained data related to financial and identity documents. The petitioner claimed innocence, stating no incriminating material was found in his conscious possession and that the charges were based solely on suspicion, with no prior criminal record. The State opposed bail, but the court considered the length of custody and lack of concrete evidence. Consequently, the court granted bail on condition of a cash bond and two sureties of Rs. 15,000 each.

Issues considered

Whether bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 and the IT Act given the nature of the alleged offences and the evidence presented.

Legislation cited

Bharatiya Nyaya Sanhita — s. 111, 303(2), 317(2), 317(5), 318(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2), 61(2)
Information Technology Act — s. 66, 66(B), 66(C), 66(D)

Subjects

bail
cyber crime
Bharatiya Nyaya Sanhita
IT Act
mobile data
suspicion
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4661 of 2026
                       Arising Out of PS. Case No.-142 Year-2025 Thana- Cyber P.S. District- Nawada
                 ======================================================
                 Abhay Raj @ Raja Ram Son of Late Rambali Chauhan Resident of Village -
                 Bhalua, P.S. - Nardiganj, District - Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Man Mohan Kumar, Advocate
                 For the Opposite Party/s :        Mr. Nawal Kishore Prasad, 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

                   Nawada Cyber P.S. Case No. 142 of 2025, instituted for the

                   offences punishable under Sections 303(2), 318(2), 318(4),

                   319(2), 336(2), 336(3), 338, 340(2), 111, 317(2), 317(5), 61(2)

                   of the Bharatiya Nyaya Sanhita, 2023, read with Sections 66,

                   66(B), 66(C) and 66(D) of the I.T. Act.

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

                   information and tower location of the accused persons, the

                   Police conducted a raid and arrested the petitioner along with

                   other co-accused person. On search, two mobile phones and one

                   motorcycle have been recovered from the possession of the
Patna High Court CR. MISC. No.4661 of 2026(2) dt.03-02-2026
                                            2/3




          petitioner. It is further alleged that the mobile phones were

          found containing data relating to Dhani Finance, Aadhaar, PAN

          and bank accounts.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. Charge-sheet has been submitted in this case. No

          incriminating material has been recovered from the conscious

          possession of the petitioner. Learned counsel for the petitioner

          also submitted that the petitioner has been arrested only on the

          basis of suspicion. The allegation levelled against the petitioner

          is general and omnibus in nature. It is further submitted that the

          recovered mobile phones and motorcycle belongs to the

          petitioner. The petitioner is in custody since 29.08.2025 and has

          got no criminal antecedent.

                       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
             Patna High Court CR. MISC. No.4661 of 2026(2) dt.03-02-2026
                                                         3/3




                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Nawada Cyber P.S.

                       Case No. 142 of 2025.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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