Rajesh Kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25282 of 2025

Arising Out of PS. Case No.-33 Year-2024 Thana- Cyber P.S. District- Saharsa

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Rajesh Kumar Son of Subodh Thakur village- Sant Nagar Hanuman Chowk, Ward no 35, Saharsa Ps and dist- Saharsa, At present chanakyapuri Meera talkies Road ward no 31, PS and Dist-Saharsa

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Amarnath Jha For the Opposite Party/s : Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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3 01-08-2025

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Heard the learned counsel for the petitioner and the learned APP for the State.

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2 . This is the 2^nd attempt of the petitioner. Earlier the bail application of the petitioner was rejected vide order dated 21.08.2024 passed in Cr. Misc. No. 58287 of 2024.

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3. The petitioner seeks regular bail in a case registered for the offence under Sections 406, 419,420, 465, 467, 468, 471 and 120B of the Indian Penal Code, under Sections 66, 66© and 66(D) of the IT Act and Section ¾ of the Public Gambling Act.

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4 . The following order was passed on 21.08.2024 in Cr. Misc. No. 58287 of 2024-

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Heard learned counsel for the petitioners and learned APP for the State.

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The petitioners seek bail in connection with Saharsa Cyber P.S. Case No. 33 of 2024 registered

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Patna High Court CR. MISC. No.25282 of 2025(3) dt.01-08-2025 2/3

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for the offence punishable under Sections 406, 419, 420, 465, 467, 468, 471 and 120(B) of the Indian Penal Code; Sections 66, 66(C) and 66(D) of the IT Act and Section 3/4 of the Public Gambling Act.

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The petitioners and other criminals are alleged to have been involved in a cyber crime. During search different ATM cards and cheque books etc. have been recovered from them. The accused persons are members of cyber fraud gang. The petitioners are in jail since 13.05.2024.

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Learned A.P.P. has vehemently opposed the prayer for bail and has submitted that sufficient material has come during investigation to connect the petitioners with the crime.

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Considering the fact that petitioners are involved in cyber crime, I am not inclined to grant bail to the petitioners.

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This application for regular bail is

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dismissed.

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5. The learned counsel for the petitioner submits that though the petitioner is in custody since 13.05.2024 but in the trial, out of 8 witnesses, only 2 witnesses have been examined till date.

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6 . Considering the gravity of the offence and the law laid down by the Hon’ble Supreme Court in the case of X Vs. State of Rajasthan and Anr., 2024 SCC OnLine SC 3539, I am not inclined to grant regular bail to the petitioner. Accordingly, this application for regular bail is hereby dismissed.

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7 . However, the Superintendent of Police, Saharsa is directed to ensure the attendance of the witnesses in the Trial on the dates fixed and the Trial Judge is also directed to expedite

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Patna High Court CR. MISC. No.25282 of 2025(3) dt.01-08-2025 3/3

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the trial. He will not grant unnecessary adjournment to the prosecution.

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8 . Let a copy of this order be communicated to the

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Principal District & Sessions Judge, Saharsa & the Superintendent of Police, Saharsa through FAX for its compliance forthwith.

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(Sandeep Kumar, J)

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Shishir/-