Patna High Court

HareramversusThe State of Bihar

Decided: 19 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The petitioner is entitled to bail on furnishing a bond of Rs.10,000 with two sureties.

Summary

Hareram was arrested in a cyber fraud case (Nalanda Cyber P.S. Case No. 101 of 2025) and charged under Sections 318(4), 319(2), 336(3), 3(5) of the B.N.S., 2023 and Section 66(D) of the Information Technology Act. The police raid recovered three bikes and a mobile phone, and two complaints were lodged against his number, but no incriminating material was found at his residence. The petitioner claimed innocence, asserted no prior criminal record, and had been in judicial custody since 26 September 2025. The State opposed bail, while the petitioner’s counsel argued lack of evidence and the petitioner’s clean antecedents. After hearing both sides, the Court granted bail on condition of a Rs.10,000 bond with two sureties.

Issues considered

Whether bail should be granted to the petitioner despite the nature of the cyber fraud allegations and the evidence recovered.

Legislation cited

B.N.S., 2023 — s. 318(4), 319(2), 336(3), 3(5)
Information Technology Act, 2000 — s. 66(D)

Subjects

bail
cyber fraud
Information Technology Act
B.N.S. 2023
criminal procedure
section 66(D)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85726 of 2025
                       Arising Out of PS. Case No.-101 Year-2025 Thana- Cyber P.S. District- Nalanda
                 ======================================================
                 Hareram Son of Vinay Singh R/o - Ghosrawan, P.S - Pawapuri, District -
                 Nalanda.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Sanjeev Kumar Mishra, Advocate
                                                    Mr. Shubham Kumar Upadhyay, Advocate
                                                    Mr. Adya Pandey, Advocate
                 For the Opposite Party/s :         Mr. Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   19-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Nalanda Cyber P.S. Case No. 101 of 2025 registered for the

                   offence punishable under Sections 318(4), 319(2), 336(3), 3(5)

                   of the B.N.S., 2023 and Section 66(D) of the I.T. Act.

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

                   police had input that certain persons are indulged in cyber fraud.

                   On this input, they have raided the place. Certain persons

                   managed to flee away, whereas the petitioner was apprehended.

                   Three bikes and a mobile phone were recovered. It is also

                   alleged       two complaints are registered against the mobile

                   number of the petitioner. Upon being question, the petitioner
Patna High Court CR. MISC. No.85726 of 2025(3) dt.19-02-2026
                                            2/3




          allegedly stated that he, along with his associates, used to cheat

          the common person on the pretext of providing loans and

          offering discounts on delivery. The house of the petitioner was

          also searched; however, no incriminating article was recovered.

                       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. He also submits that save and except a mobile phone,

          nothing has been recovered from the possession of the

          petitioner. No incriminating article to suggest the commission of

          cyber fraud by this petitioner was recovered. He further submits

          that a statement has been made in para 3 of the petition that

          petitioner has no criminal antecedent and he is languishing in

          judicial custody since 26.09.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       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 Chief
           Patna High Court CR. MISC. No.85726 of 2025(3) dt.19-02-2026
                                                       3/3




                     Judicial Magistrate, Nalanda at Biharsharif in connection with

                     Nalanda Cyber P.S. Case No. 101 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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