Patna High Court
Raushan Kumar @ Raushan @ LambuversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was denied as the court found sufficient material and co‑accused testimony indicating the petitioner’s involvement in an organized cyber‑fraud gang.
Summary
The petitioner, Raushan Kumar, applied for anticipatory bail in a cyber‑fraud case where the police, acting on a tip from the Pratibimb App, raided his residence and seized mobile devices, SIM cards and a motorcycle. The prosecution alleges that the petitioner was part of an organized gang that used Instagram advertisements to lure victims into providing personal documents and then extorted money through various phishing methods, citing sections of the Bihar Narcotic and Substance Act, 2023. The petitioner contended that the case is based solely on the statements of a co‑accused, that the seized items have no nexus with the alleged offence, and that procedural irregularities exist because seizure witnesses were police officers. The court examined the material seized, the co‑accused’s confession, and the nature of the alleged organized cyber‑crime, and concluded that there is sufficient ground to suspect the petitioner’s involvement. Consequently, the court refused to grant anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the material seized and co‑accused statements.
- Whether the seizure of evidence by police officers without independent witnesses violates provisions of the Bihar Narcotic and Substance Act, 2023.
- Whether the allegations against the petitioner are merely suspicion or constitute sufficient grounds to deny bail.
Subjects
- anticipatory bail
- cyber fraud
- phishing
- Bihar Narcotic and Substance Act
- seizure of evidence
- procedural irregularities
- organized crime
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88464 of 2025
Arising Out of PS. Case No.-123 Year-2025 Thana- Cyber P.S. District- Nawada
======================================================
Raushan Kumar @ Raushan @ Lambu Son of Bhutani Ram @ Bhutali Ram
Resident of Village - Bhavani Bigha, Police Station - Warisaliganj, District -
Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudish Kumar
For the Opposite Party/s : Mr. Amitesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 29-04-2026 1. Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Nawada Cyber Police Station Case No. 123 of
2025, disclosing offences under Sections 303(2), 318(2), 318(4),
319(2), 336(2), 336(3), 338, 340(2), 111, 317(2), 317(5), 61(2)
of the BNS, 2023.
3. As per the prosecution case, the present case
arises from information received via the Pratibimb App on
04.08.2025 regarding cyber fraud being committed through an
Instagram advertisement offering online loans. Acting on tower
location, the police conducted a raid at village Bhawani Bigha,
where one accused person was apprehended while two others
Patna High Court CR. MISC. No.88464 of 2025(4) dt.29-04-2026
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fled. From the arrested accused person, mobile phones were
recovered, and upon search of the co-accused petitioner’s house,
multiple mobile devices, SIM cards, and a motorcycle were
seized. During interrogation, the co-accused disclosed that he,
along with others including the petitioner, used to collect
personal documents from victims on the pretext of providing
online loans and fraudulently extort money under various
charges using digital payment methods.
4. Learned Counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in the
present case on the basis of suspicion. He has been made
accused merely on the basis of statement made by arrested co-
accused and the allegations against him are general and omnibus
in nature. It is next submitted that although certain articles were
recovered from the petitioner’s house, the same have no nexus
with the alleged cyber offence. The petitioner also raises
procedural irregularities, contending that the seizure witnesses
are police personnel, in violation of the relevant provisions of
the B.N.S.S. Moreover, no independent witness or material
evidence has emerged during investigation to substantiate the
allegations, rendering the prosecution case based solely on
suspicion.
Patna High Court CR. MISC. No.88464 of 2025(4) dt.29-04-2026
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5. I have heard learned counsel for the parties and
perused the materials on record. The Police apprehended one
person with incriminating articles which appears to be used in
cyber crime. The apprehended person has disclosed that they,
including the petitioner, operate an organized gang for
committing cyber crime. The Police recovered mobile devices,
SIM cards, and a motorcycle from petitioner’s house and the
fact that all accused persons appears to have formed a gang to
defraud the innocent public and the phishing/cyber fraud is
rampant in the area where the attackers try to trick individuals
into providing user names, password and other details and are
indulged in e-mail phishing, voice phishing, SMS phishing etc.
and the case is still under investigation, for which, custodial
interrogation of the petitioner may be required, I am not inclined
to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, rejected.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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