Patna High Court
Rajiv Ranjan @ FantusversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to both petitioners.
Summary
The petitioners, Ranjan Kumar and Rajiv Ranjan @ Fantus, were arrested following a cyber‑crime raid conducted by the Cyber Crime Police on 2‑3 August 2025, and charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act, 2000. They applied for bail, contending that no incriminating material was found in their possession except two mobile phones, that they had no prior criminal record (except Rajiv Ranjan's two antecedents), and that the prosecution had not complied with Section 103 of the BNSS. The State opposed the bail application. The Court examined the custody period, the filing of the charge‑sheet, and the lack of substantive evidence linking the petitioners to the alleged cyber fraud. Finding no compelling material to justify continued detention and noting the charge‑sheet was already filed, the Court granted bail to both petitioners subject to a bond of Rs.15,000 with two sureties and conditions of appearance.
Issues considered
- Whether bail should be granted to the accused under the provisions of the Bharatiya Nyaya Sanhita, 2023 and the IT Act in view of the charges and custody period
- Whether the prosecution complied with Section 103 of the BNSS, 2023 regarding filing of the charge‑sheet
- Whether the material evidence recovered justifies continued detention
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 318(2), 318(4), 319(2), 336(2), 336(3), 340(2), 3(5), 61(2)
- Information Technology Act, 2000 — s. 66(C), 66(D)
Subjects
- bail
- cyber crime
- Bharatiya Nyaya Sanhita
- IT Act
- Section 103
- charge sheet
- custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81836 of 2025
Arising Out of PS. Case No.-25 Year-2025 Thana- Cyber P.S. District- Sheikhpura
======================================================
Ranjan kumar Son of Arvind Prasad Resident Of Village- Panchi Ps-
Sheikhopur Sarai, District -Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 83836 of 2025
Arising Out of PS. Case No.-25 Year-2025 Thana- Cyber P.S. District- Sheikhpura
======================================================
Rajiv Ranjan @ Fantus S/o Arun Kumar R/o Village - Panchi, P.S -
Sheikhopur Sarai, District - Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 81836 of 2025)
For the Petitioner/s : Mr. Bipin Kumar, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 83836 of 2025)
For the Petitioner/s : Mr. Bipin Kumar, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioners and learned APP
for the State. Perused the case diary.
2. The petitioners seek bail in connection with
Sheikhpura Cyber P.S. Case No. 25 of 2025 instituted for the
offence under Sections 303(2), 318(2), 318(4), 319(2), 336(2),
336(3), 340(2), 3(5) & 61(2) of the Bharatiya Nyaya Sanhita,
2023 and Sections 66(C) & 66(D) of the Information and
Technology Act.
Patna High Court CR. MISC. No.81836 of 2025(3) dt.20-02-2026
2/3
3. Prosecution case, in brief, is that on 02/03.08.2025,
on receiving secret information, the Cyber Crime Police led a
raid near Durga Temple, Panchi village, where several persons
were found conspiring to commit cyber fraud and attempted to
flee away on seeing the police. During the raid, six accused
including the petitioners were apprehended and two mobile
phones each were recovered from their possession.
4. It has been submitted on behalf of the petitioners
that the petitioner, namely, Ranjan kumar is in custody since
04.08.2025, having no criminal antecedent, whereas petitioner,
namely, Rajiv Ranjan @ Fantus is in custody since 03.08.2025,
having two criminal antecedents.
5. It has been further submitted by the petitioners’
counsel that petitioners have been falsely implicated in the
present case. Nothing has been recovered from the conscious
possession of the petitioners, except two mobile phones each,
which belong to the petitioners. Petitioners have no concern
with the alleged cyber crime and there is no cogent material,
whatsoever, to implicate them in the present case. There is no
compliance of Section 103 of the BNSS, 2023. Charge sheet has
already been submitted in this case.
6. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.81836 of 2025(3) dt.20-02-2026
3/3
opposed the prayer for grant of bail to the petitioners.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioners and charge sheet
being submitted, this Court is inclined to grant bail to the
petitioners.
8. Let the petitioner, namely, Ranjan Kumar be
released on bail and petitioner, namely, Rajiv Ranjan @ Fantus
be released on bail, after framing of charge, if not already
framed, on furnishing bail bonds of Rs. 15,000/- (Fifteeen
Thousand) each with two sureties of the like amount each to the
satisfaction of Court below/concerned Court in connection with
Sheikhpura Cyber P.S. Case No. 25 of 2025, subject to the
following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioners.
(II) The petitioners shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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