Patna High Court

Rahul KumarversusThe State of Bihar

Decided: 5 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs. 10,000 with two sureties.

Summary

The petitioner, Rahul Kumar, was arrested in a cyber‑crime case (Patna Cyber P.S. Case No. 1582 of 2025) alleging offences under Sections 318(2), 318(4), 319(2), 336(2), 336(3), 340(2) & 111(2)(b) of the B.N.S. Act and Sections 66(C) and 66(D) of the Information Technology Act, for allegedly advertising a fraudulent loan scheme on Facebook. The prosecution’s case is based on a mobile number used for the alleged scam and the recovery of a mobile phone from a co‑accused, Amit Kumar, during a police raid. The petitioner contended that he was falsely implicated, that only one mobile was found in his possession, that the actual perpetrators (Deepak and Pankaj Kumar) fled, and that he has no criminal antecedent. The State opposed bail. After hearing both sides, the Court found the petitioner's claim of innocence plausible and, considering the circumstances, ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties of equal amount.

Issues considered

Whether bail should be granted to the petitioner accused of offences under the B.N.S. Act and the IT Act in a cyber‑fraud case

Legislation cited

B.N.S. Act — s. 111(2)(b), 318(2), 318(4), 319(2), 336(2), 336(3), 340(2)
Information Technology Act — s. 66(C), 66(D)

Subjects

bail
cyber crime
fraud
Information Technology Act
B.N.S. Act
mobile fraud
Facebook advertisement
loan scam

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84631 of 2025
                       Arising Out of PS. Case No.-1582 Year-2025 Thana- Cyber P.S. District- Patna
                 ======================================================
                 Rahul Kumar S/O Shiv Nandan Chaudhary @ Shiv Nandan Chaudhar R/O
                 Narayanpur, P.S-Barbigha, Distt.- Sheikhpura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjeev Kumar, Advocate
                 For the Opposite Party/s :        Mr. Dr.Mrityunjaya Kr.Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   05-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Patna Cyber P.S. Case No. 1582 of 2025 registered for the

                   offence punishable under Sections 318(2), 318(4), 319(2),

                   336(2), 336(3), 340(2) & 111(2)(b) of the BNS and Sections

                   66(C) and 66(D) of the I.T. Act.

                                3. The case of the prosecution, in short, is that one

                   suspected mobile no.8981508633 was under complain and it is

                   alleged that on facebook advertisement was made regarding

                   loan providing through SBI Yono. On this input, police raided a

                   house and two persons, namely, the petitioner and one Amit

                   Kumar were apprehended. One mobile was also recovered from

                   the possession of Amit Kumar with the alleged mobile number.
Patna High Court CR. MISC. No.84631 of 2025(3) dt.05-02-2026
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                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. Only one mobile has been recovered from the possession

          of the petitioner and rest of the recovery has been made from the

          room. Learned counsel for the petitioner has further submitted

          that at the time of raid two persons fled away. They are Deepak

          and Pankaj Kumar. It has further been submitted that actually

          they are the tenant of the room. The petitioner has gone there.

          He is not concerned in any way with the room. It has also been

          submitted that there is no allegation against the petitioner that he

          has cheated anybody. The owner of the house was also not

          interrogated by the police. The petitioner is a young boy having

          no criminal antecedent.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail.

                       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. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned Judicial
            Patna High Court CR. MISC. No.84631 of 2025(3) dt.05-02-2026
                                                        3/3




                      Magistrate 1st Class, Patna in connection with Patna Cyber P.S.

                      Case No. 1582 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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