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Patna High Court

Neeraj Kumar @ Niraj KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the court found a prima facie case of the petitioners’ participation in a fraudulent gang.

Summary

The petitioners, Neeraj Kumar and Rakesk Kumar Thakur, sought anticipatory bail fearing arrest in a cyber‑crime case (Saharsa P.S. Case No. 36 of 2024) involving alleged forgery of death certificates and illegal withdrawal of funds under a labour department scheme. The prosecution alleged that the accused, including the petitioners, formed a gang that used electronic equipment to fabricate death certificates, open bank accounts of deceased labourers’ dependents, and siphon compensation money, invoking IPC sections 419, 420, 465, 467, 468, 471, 472, 34 and IT Act sections 66 and 66(D). The petitioners contended they were innocent, that the only incriminating material was recovered from co‑accused Punit Kumar and Md Naushad, and that no private complaint existed against them. The court examined the material on record, noting the recovery of extensive documents, Aadhaar cards, and seals linking the accused to the fraudulent scheme, and concluded that a prima facie case existed against the petitioners. Consequently, the judge held that anticipatory bail could not be granted as the allegations indicated a coordinated gang fraud. The petition for anticipatory bail was therefore dismissed.

Issues considered

  • Whether anticipatory bail under Section 438 of the Criminal Procedure Code should be granted to the petitioners in view of the allegations under IPC sections 419, 420, 465, 467, 468, 471, 472, 34 and IT Act sections 66, 66(D).
  • Whether the material on record establishes a prima facie case of the petitioners’ involvement in a fraudulent gang.

Legislation cited

Subjects

  • anticipatory bail
  • cyber crime
  • fake death certificate
  • fraud
  • labour department scheme
  • IPC
  • IT Act
  • gang fraud

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64104 of 2025
                        Arising Out of PS. Case No.-36 Year-2024 Thana- Cyber P.S. District- Saharsa
                 ======================================================
           1.     Neeraj Kumar @ Niraj Kumar S/o Ramanand Yadav R/o Vill- Rampur Ward
                  NO. 13, Rahua, P.S.- Sour Bazar, Distt- Saharsa
           2.    Rakesh Kumar Thakur @ Rakesh Thakur S/o Late Jaikant Thakur @ Late
                 Jaykant Thakur R/o Vill- Rampur ward no 14, Rahua, P.S.- Sour Bazar,
                 Distt- Saharsa

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s              :        Mr.Chandra Mohan Jha

                 For the Opposite Party/s          :        Mr.Sharda Kumari

                                                            Mr. Nawal Kishore Prasad

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   24-02-2026          1.    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                        2. Petitioners apprehend their arrest in connection with Cy-

                   ber (Saharsa) P.S. Case No. 36 of 2024 dated 21.05.2024 regis-

                   tered under Section 419, 420, 465, 467, 468, 471, 472, 34 of the

                   I.P.C. and Section 66 / 66(D) of the I.T. Act.

                        3. The prosecution story in short is that on 21.05.2024 at

                   around 10:30 P.M. the Police Inspector of Saharsa Sadar Cyber

                   P.S. received a secret information that some people were

                   making fake death certificate through electronic equipment and
Patna High Court CR. MISC. No.64104 of 2025(4) dt.24-02-2026
                                            2/4




          illegally withdrawing money under Labor Department scheme

          in the house of Md. Naushad. He along with his team reached at

          the house of Md. Naushad. Upon seeing the police team some

          5-6 miscreants tried to flee away in which two miscreants were

          caught who told their name as Md. Naushad and Punit Kumar.

          Upon search, large number of documents of other persons were

          found in the almirah of Md. Naushad. A large number of

          documents along with mobile and seal were recovered from the

          possession       of    Punit     Kumar.      Upon    interrogation,   both

          apprehended accused persons disclosed the name of other

          miscreants as Sanjit Kumar, Brajesh Kumar, Rakesh Thakur (pe-

          titioner no. 2), Niraj Kumar (petitioner no. 1), Sonu Kumar,

          Santosh Kumar and Roushan Kumar.

              4. Learned counsel for the petitioners submits that petition-

          ers are innocent and have not committed any offence in the

          manner alleged. He submits that Punit Kumar was Mukhiya rep-

          resentative and he came to the photostat shop for the purpose of

          photo copy of panchayat documents as well as xerox copy of his

          and his family’s Aadhaar Card where Police arrested Punit Ku-

          mar mere on suspicion. The arrested co-accused Punit Kumar

          and Md. Naushad disclosed the name of the petitioners and oth-

          ers as their accomplice involved in the alleged crime. Nothing
Patna High Court CR. MISC. No.64104 of 2025(4) dt.24-02-2026
                                            3/4




          has been recovered from the conscious possession or from the

          house of the petitioners. The recovery of documents, mobile and

          seal has been made from the house of arrested co-accused per-

          sons. The petitioners did not withdraw money from Labour De-

          partment of the Government scheme or on behalf of beneficia-

          ries. No private person complained either before the police or

          Labour Department that his / her money has been withdrawn by

          the petitioners in any manner. The petitioners have no criminal

          antecedent.

              5. I have heard learned counsel for the petitioners and

          perused the materials available on record. The petitioners along

          with other co-accused persons all unanimously by luring inno-

          cent people with money through electronic devices took the

          documents of the deceased’s Aadhaar Card, labour card and

          other documents from the family members of the deceased-

          labourers previously registered with the Labour Department. By

          making fake death certificates and opening bank accounts of the

          dependents of the deceased they make illegal withdrawal of the

          compensation meant for the dependents of the deceased under

          the Labour Department scheme.

              6. It appears that all the accused persons have formed a gang

          to defraud innocent public and government department.
               Patna High Court CR. MISC. No.64104 of 2025(4) dt.24-02-2026
                                                           4/4




                             7. Huge documents including Aadhaar Cards, Pass Books

                         have been recovered having larger ramification for which fur-

                         ther investigation of other accused persons whose names has

                         been disclosed by apprehended accused persons may be

                         required. Accordingly, I am not inclined to grant anticipatory

                         bail to the petitioners. The same is rejected.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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