Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for bail is dismissed as no new ground exists to review the earlier order.
Summary
The petitioner, Raja Kumar, was arrested on 1 March 2025 for alleged cyber fraud and charged under Sections 318(4) and 319(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(C) and 66(D) of the Information Technology Act. The Cyber Police recovered several mobile phones, a laptop and written records linking the petitioner to the alleged fraud. The petitioner applied for regular bail, which was rejected on 6 May 2025. He filed a second bail application on 9 January 2026, seeking relief on the ground of new material. The High Court examined the application and found no new ground to revisit its earlier order, concluding that the circumstances remained unchanged. Consequently, the court dismissed the second bail application, leaving the petitioner in custody.
Issues considered
- Whether the petitioner is entitled to bail in view of the alleged cyber fraud charges.
- Whether any new material or ground exists to warrant a review of the earlier bail denial.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 319(2)
- Information Technology Act — s. 66(C), 66(D)
Subjects
- cyber fraud
- bail
- IT Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72725 of 2025
In
CRIMINAL MISCELLANEOUS No.27029 of 2025
Arising Out of PS. Case No.-11 Year-2025 Thana- Cyber P.S. District- Lakhisarai
======================================================
Raja Kumar Son of Late Sanjay Kumar R/o Village - Hajratpur Madro, P.S. -
Ariari Kasar, District - Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Anand, Advocate
For the State : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Cyber P.S. Case
No. 11 of 2025 registered for the offence punishable under
Sections 318(4), 319(2) of the Bharatiya Nyaya Sanhita, 2023
and Sections 66(C) and 66(D) of the IT Act.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 06.05.2025 passed in Cr. Misc.
No. 27029 of 2025, which reads as under:
“Heard the learned counsel for the
petitioner and learned APP for the State.
2. The petitioner, who is in custody
since 01.03.2025, seeks regular bail in
connection with Cyber P.S. Case No. 11 of
Patna High Court CR. MISC. No.72725 of 2025(2) dt.09-01-2026
2/2
2025 registered for the offence under Sections
318(4), 319(2) of the Bharatiya Nyaya Sanhita,
2023 and Sections 66(C) and 66(D) of the IT
Act.
3. As per the prosecution case, the
Cyber Police Station on getting complaint of
cyber fraud raided the place of occurrence
from where the petitioner and others were
apprehended. The Police had raided the place
after tracing Mob.No. 9007683902.
4. From the petitioner, one mobile
phone with dual sim has been recovered and
from a bag in the room, three mobile were
recovered. From the place of occurrence, one
Laptop and one copy was recovered and in the
copy, many mobile numbers were written and
cyber criminals were making calls on those
mobile numbers.
5. Considering the fact that the
petitioner is a cyber fraud who was caught by
the Cyber Police who committed raid at the
place of occurrence and recovered a number of
incriminating articles, I am not inclined to
grant bail to the petitioner.
6. Accordingly, this application for
regular bail is hereby rejected.”
5. This Court finds no new ground to review its earlier
order dated 06.05.2025.
6. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
P. Kumar
U T
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