Patna High Court
Neeraj Kumar @ Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
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
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 34, 419, 420, 465, 467, 468, 471, 472
- Information Technology Act — s. 66, 66(D)
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
Checking your session…