Patna High Court

Rahul KumarversusThe State of Bihar

Decided: 20 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court held that pre‑arrest bail could not be granted in view of the seriousness of the allegations and the material on record.

Summary

The petitioner, Rahul Kumar, was implicated in a cyber‑fraud case where an informant alleged that Rs. 60,000 was transferred to the petitioner's account on 20‑08‑2024. The FIR charges him under sections 66(c) and 66(d) of the Information Technology Act and sections 303(2), 319(2) and 318(4) of the Bihar Narcotic Substances Act. The petitioner sought pre‑arrest bail, fearing imminent arrest. The Court examined the nature of the allegations, the material evidence on record, and the seriousness of the offences. Considering the gravity of the alleged cyber‑fraud and the associated narcotic provisions, the Court rejected the petition for pre‑arrest bail.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail under the IT Act and the Bihar Narcotic Substances Act given the alleged cyber‑fraud and related offences

Legislation cited

Bihar Narcotic Substances Act — s. 303(2), 318(4), 319(2)
Information Technology Act, 2000 — s. 66(c), 66(d)

Subjects

pre‑arrest bail
cyber fraud
Information Technology Act
Bihar Narcotic Substances Act
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8040 of 2026
                         Arising Out of PS. Case No.-258 Year-2024 Thana- Cyber P.S. District- Saran
                  ======================================================
                  Rahul Kumar S/o- Shravan Kumar Chaudhary Mohalla- Chini Mil Colony
                  Ward No- 10 PO- Samastipur PS -Samastipur District-Samastipur

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :         Mr. Abhay Kumar , Advocate
                  For the Opposite Party/s :         Mr. Jai Narain Thakur , APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    20-02-2026                       Heard learned counsel for the petitioner and the
                    State .
                                 2. Petitioner apprehends arrest in a case registered for
                    the offence punishable under section 66 (c) and 66 ( d ) of IT
                    Act and 303 ( 2 ), 319 ( 2 ) and 318 ( 4 ) of BNS.
                                 3. As per F.I.R. informant alleged that on 20.08.2024,
                    he got scammed online of Rs. 60,000/- on the pretext of helping
                    his friend. The alleged amount was transferred in the account of
                    this petitioner.
                                 4. Considering the nature of accusation , materials
                    available on record and gravity of offence , prayer for pre-arrest
                    bail of the petitioner is rejected.



                                           (Prabhat Kumar Singh, J)
Koushik/-

U      T

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