Patna High Court
Nitish Kushwaha @ Nitish Kumar KushwahaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to both petitioners subject to bond, sureties and attendance conditions.
Summary
Petitioners Nitish Kushwaha and Rahul Singh were arrested after a police raid on a Patna flat where mobile phones, ATM cards, a laptop and other items were seized, leading to charges under multiple sections of the Bihar Narcotic Substances (B.N.S.) Act, 2023 and the Information Technology Act. They filed bail applications, claiming innocence and lack of specific complaints against them, while the trial court had denied bail on the basis of alleged involvement in cyber fraud. The State opposed bail, citing complaints linked to the petitioners' WhatsApp numbers. The High Court, after hearing both sides, noted the absence of a specific claimant for the seized ATM cards and the lack of concrete allegations, and consequently ordered bail for both petitioners. Bail was granted on the condition of a Rs.10,000 bond per petitioner, two sureties of equal amount, and mandatory appearance before the trial court on all dates.
Issues considered
- Whether the petitioners are entitled to bail despite being charged under Sections 318, 319, 317, 336, 338, 340, 112, 61 of the B.N.S. Act, 2023 and Sections 66(c), 66(d) of the IT Act.
Legislation cited
- B.N.S., 2023 — s. 112(2), 317(2), 317(4), 318(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2), 61(2)(a)
- Information Technology Act — s. 66(c), 66(d)
Subjects
- bail
- cyber fraud
- mobile phone fraud
- B.N.S. Act
- Information Technology Act
- Patna High Court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8306 of 2026
Arising Out of PS. Case No.-1902 Year-2025 Thana- Cyber P.S. District- Patna
======================================================
1. Nitish Kushwaha @ Nitish Kumar Kushwaha Son of Phul Sagar Bhagat @
Phul Sagar Bhagat Resident of Village - Shikatiya Khas, Ward no. 04, Police
Station - Kateya, District - Gopalganj.
2. Rahul Singh Son of Ramashish Bhagat Resident of Village - Shikatiya Khas,
Ward no. 04, Police Station - Kateya, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajiv Ranjan Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Patna Cyber P.S. Case No. 1902 of 2025 registered for the
offence punishable under Sections 318(4), 318(2), 319(2),
317(2), 317(4), 336(2), 336(3), 338, 340(2), 112(2) and Sections
61(2)(a) of the B.N.S., 2023 and Sections 66(c) and 66(d) of the
I.T. Act.
3. The case of the prosecution is that on secret
information, police raided flat no. 405, Premkunj Apartment,
Patna, and from there three persons were apprehended who were
found using mobile phones for fraudulent activities. During the
Patna High Court CR. MISC. No.8306 of 2026(2) dt.06-02-2026
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search, the police seized 15 mobile phones, 61 ATM cards, a
laptop, an Airtel Extreme Box, and a diary containing suspicious
account numbers. On being asked, the apprehended persons
disclosed the modus operandi.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have falsely been implicated in this
case. Learned counsel for the petitioners submits that admittedly
various ATM cards have been recovered, but there is no
claimant of the ATM cards, and though there is allegation that
the petitioners along with others were indulged in cyber fraud,
there is no specific complaint or claim against them as to whom
they have cheated. From perusal of the order of the learned trial
court, it is clear that the trial court has rejected the bail petition
of the petitioners only on the ground that the petitioners are
involved in cyber fraud and have already been charge-sheeted
by police. He further submits that a statement has been made in
para 3 of the petition that petitioner no.1, namely, Nitish
Kushwaha has no criminal antecedent whereas petitioner no.2,
namely, Rahul Singh has criminal antecedent of one case and
they are languishing in judicial custody since 31.08.2025.
5. The application for bail is opposed by the learned
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APP for the State and submits that there are complaints on the
accounts that were found on the WhatsApp number of these
petitioners.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the condition that
the petitioners shall remain present on each and every date
fixed by the learned trial court. The above named petitioners
are directed to be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Rs. ten thousand only) each of them with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Patna in connection with Patna Cyber P.S.
Case No. 1902 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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