IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85276 of 2024 Arising Out of PS. Case No.-60 Year-2024 Thana- Cyber P.S. District- Saran ====================================================== Nitish Kumar Son of Sri Upendra Das Resident of Mohalla - Jamakharij, P.S. - Dhigha, District - Patna ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ranjeet Tiwary For the Opposite Party/s : Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 8 06-08-2025 1. Heard the parties. 2. The petitioner seeks regular bail in connection with Sharan Cyber P.S. Case No. 60 of 2024 registered for the offence under Section 419, 420, 34 of the I.P.C. and Section 66(c) / 66(d) of the Information Technology Act. 3. The F.I.R. has been registered on the basis of information given by the victim Maheshwar Prasad Chaudhary that on 13.03.2024 he received a voice on whatsapp call on his mobile from the mobile no. 923314642962. The caller introduced himself as CBI Officer of Delhi and told the informant that his son namely Shikhar Raj has been arrested in a rape case and if certain amount is paid his son would be released. The informant heard the crying sound of his son. It has been alleged that the hackers hacked his mobile phone, Patna High Court CR. MISC. No.85276 of 2024(8) dt.06-08-2025 2/3 demanded bribe for release of his son and thereafter cheated the informant of Rs. 6,50,000/- which was transferred in the bank account given by the hackers. Out of Rs. 6,50,000/-; Rs. 5,00,000/- had gone in the account of the petitioner. Later on the son of the informant called him back from his mobile and stated that he was sleeping after taking pills. 4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated at the behest of his friend- Mukesh Kumar, who induced him to open an account for which the petitioner would be paid Rs. 4,000/- and further amount would also be paid by him. The petitioner was allured by his friend Mukesh Kumar. The petitioner opened an account in a bank for which he was given Rs. 4000/- and bank I.D., password etc. of the bank account was given to the said Mukesh Kumar. He further submits that money which came in the account of the petitioner was subsequently transferred in another accounts of which the petitioner has got no knowledge. 5. On the other hand, learned counsel for the informant vehemently opposed the prayer for bail and submits that out of Rs. 6,50,000/- major amount was transferred in the bank account of the petitioner from where it was re-transferred to various accounts. The identity of Mukesh Kumar is not Patna High Court CR. MISC. No.85276 of 2024(8) dt.06-08-2025 3/3 traceable to the police. The petitioner along with other accused persons formed a gang and duped a huge amount of the informant. Cyber fraud is rampant nowadays and cyber frauds are cheating innocent people all over India. 6. I have heard learned counsel for the parties and perused the materials on record. Major amount of Rs. 5,00,000/- was transferred in the bank account of the petitioner. It appears that all the accused persons have formed a gang to defraud the innocent public and phishing / cyber fraud is rampant in the area nowadays where the hackers try to trick individuals into providing user names, password and other details and are indulged in e-mail phishing, voice phishing, SMS phishing etc. Accordingly, I am not inclined to grant bail to the petitioner at this stage. The same is rejected. 7. However, the petitioner may renew his prayer for bail after framing of charge. praful/- (Anil Kumar Sinha, J) U T