Patna High Court
Birju singhversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail could not be granted and dismissed the petition for bail.
Summary
The petitioner, Birju Singh, sought bail after being implicated in a cyber‑fraud case registered under several offences of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case rests on the confession of a co‑accused, who alleged that Birju Singh was the mastermind and that substantial electronic equipment used in the fraud was recovered from the scene. The petitioner contended that he is innocent, that no incriminating articles were found in his possession, and that he has a clean antecedent. The State argued that other accused also corroborated the co‑accused’s confession and that the recovered material linked the petitioner to the crime. Considering the gravity of the allegations and the evidentiary material, the Court rejected the bail application.
Issues considered
- Whether bail should be granted to the petitioner in view of the co‑accused’s confession and the recovery of material alleged to be used in the cyber‑fraud.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 319(2), 336(2), 336(3), 338, 3(5), 61(2)
Subjects
- bail
- cyber fraud
- confession of co‑accused
- Bharatiya Nyaya Sanhita
- criminal procedure
- section 318
- section 319
- section 336
- section 338
- section 61
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5509 of 2026
Arising Out of PS. Case No.-28 Year-2025 Thana- Cyber P.S. District- Vaishali
======================================================
Birju singh S/O Chulhai Singh R/O- Vill.- Laxmanpur, P.S.- kaddutant,
District- Vaishali, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vishal Vikram Rana, Advocate
For the Opposite Party/s : Rina Sinha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel for the parties.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under sections 318(4), 319(2), 336(2),
336(3), 338, 3(5) and 61(2) of the Bharatiya Nyaya Sanhita,
2023.
3. As per prosecution case, co-accused, who was
apprehended on the spot, has disclosed that the petitioner and
other accused persons have committed Cyber fraud through
electronic gadgets.
4. Learned counsel appearing for the petitioner
submits that the petitioner is innocent and has falsely been
implicated in this case on the confession of co-accused. No
incriminating article has been recovered from the conscious
possession of the petitioner. Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the prayer
Patna High Court CR. MISC. No.5509 of 2026(2) dt.04-02-2026
2/2
for bail. She submits that other accused persons have also
confessed that this petitioner was mastermind behind the alleged
cyber fraud and huge number of mobile phones, Laptop,
headphone, credit card, debit card and other materials, used in
alleged offence, have been recovered from the spot.
6. Considering the nature and gravity of accusation,
prayer for bail of the petitioner is rejected.
(Prabhat Kumar Singh, J)
Shashi
U T
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