Patna High Court
Raja BabuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Raja Babu was arrested on 19 August 2025 in connection with a cyber‑fraud case involving the alteration of ATM cards, charged under several sections of the BNS, 2023. The prosecution’s case relied primarily on the confession of a co‑accused who named the petitioner, with no material recovered from the petitioner’s possession. The petitioner contended that he was falsely implicated, that the investigation yielded no direct evidence against him, and that he had been in custody for several months. The State opposed bail, highlighting three prior criminal antecedents, though the petitioner was already on bail in two other matters. The Court, after considering the circumstances, granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The order emphasized that bail should not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner despite serious charges and prior criminal antecedents
- Whether the reliance on a co‑accused’s confession, without material seized from the petitioner, suffices to deny bail
Legislation cited
- BNS, 2023 — s. 303(2), 318(4), 319(2), 336(3), 338, 340(2), 3(5)
Subjects
- bail
- cyber fraud
- ATM card fraud
- criminal antecedent
- co‑accused confession
- BNS 2023
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83635 of 2025
Arising Out of PS. Case No.-229 Year-2025 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Raja Babu Son of Shamim Alam Resident of Village - Jaukatiya, P.S. -
Majhauliya, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Hemant Ray, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-01-2026 Heard Mr. Abhishek Kumar, learned counsel for the
petitioner and Mr. Choubey Jawahar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
19.08.2025 in connection with Motihari Town P.S. Case No. 229
of 2025, F.I.R. dated 18.03.2025 for the offences punishable
under Sections 319(2), 318(4), 303(2), 338, 336(3), 340(2) and
3(5) of the BNS, 2023.
3. According to prosecution case, the apprehended co-
accused person who disclosed the name of the petitioner has
confessed that he along with his associates used to commit
cyber fraud by changing ATM Cards from the innocent people.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.83635 of 2025(2) dt.27-01-2026
2/3
present case. He further submits that the petitioner is named in
the F.I.R and his name has been transpired during investigation
on the basis of confessional statement of the co-accused Asfak
Alam. Nothing has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from the co-accused person and except the aforesaid, no other
cogent material has come during investigation which suggest
that the petitioner is involved in the present occurrence. He
further submits that the police after investigation submitted the
charge sheet against the petitioner. The petitioner is in custody
since 19.08.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries three criminal antecedents other
than the present one but fairly submits that he is on bail in two
cases and one case is pending for consideration before the
competent court of law.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned CJM, East
Champaran, Motihari in connection with Motihari Town P.S.
Patna High Court CR. MISC. No.83635 of 2025(2) dt.27-01-2026
3/3
Case No. 229 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
Checking your session…