Created by Fuzzy Cloud

Patna High Court

Raja BabuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.