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2026 DAILYLAW 29838 (PAT)

Harish Singh v. The State of Bihar

CR. MISC./47453/2026 · 2026-08-18

Raj Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47453 of 2026 Arising Out of PS. Case No.-6 Year-2026 Thana- Cyber P.S. District- West Champaran ====================================================== Harish Singh S/O Sobhan Singh Resident of Village- Bhanar, P.S- Kapkot, Distt.- Bageshwar, Uttarakhand. ... ... Petitioner/s Versus 1. The State of Bihar 2. Cyber Crime Security Unit (CCSU), through the Superintendent of Police, Patna Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Madhukar Mohan, Adv. For the State : Md. Mushtaque Alam, APP. For the CCSU : Mr. Vishwanath Pd. Sinha, Sr. Adv. Mr. Vijay Anand, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJ KUMAR ORAL ORDER 4 18-08-2026 Heard the learned counsel for the petitioner and the learned counsel for the opposite party no. 2 as also the learned Additional Public Prosecutor for the State. 2. The petitioner is seeking regular bail in connection with Bagha Cyber P.S. Case No. 06 of 2026, registered for the offences punishable under Sections 318(4), 319(2), 338, 336(3), 111(2), 61(2) and 3(5) of the BNS, 2023 and Sections 66C and 66D of the Information Technology Act, 2000 and Sections 5 and 7 of the Prevention and Regulation of Online Gaming Act, 2025. 3. As per the allegation, the petitioner was apprehended during a raid at a rented premises at Rajapur, Patna High Court CR. MISC. No.47453 of 2026(4) dt.18-08-2026 2/4 Boring Road, Patna, where members of an alleged cyber- fraud/online gaming gang were found operating. A Realme mobile phone containing two SIM cards along with an ATM card, PAN card, Aadhaar card and bank passbook were recovered from his possession. It is alleged that the petitioner disclosed that co-accused Tony @ Bhupal Singh had sent him to work for the gang and keep watch over its activities. The gang allegedly used bank accounts, ATM cards and online gaming platforms for transferring money obtained through cyber fraud and the bank accounts recovered during investigation were found connected with several cyber-fraud complaints. 4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. He has further submitted that even though his name appears in the FIR, he has allegedly not committed any offence. The allegation that he was participating in the online gaming portal, creating user IDs, managing the gaming dashboard, routing financial transactions, collecting cheated money from the victims, or controlling the alleged network is wholly misconceived. He has also submitted that no specific role, as such, has been attributed to the petitioner and that he has not derived any financial benefit from the alleged Patna High Court CR. MISC. No.47453 of 2026(4) dt.18-08-2026 3/4 activities. He has next submitted that the ATM card, PAN card, Aadhaar card, and bank passbook recovered during the course of investigation belonged to him and it was not a case where he was in possession of documents belonging to someone else. He has further submitted that the petitioner has clean antecedent and, has been in judicial custody since 03.04.2026. He undertakes to cooperate with the investigation and trial and also not to repeat any offence of a similar nature. 5. On the other hand, the learned counsel for the CCSU, although opposing the application, has submitted that the petitioner had participated in online games and had been instrumental in committing the present offence. However, on a query by this Court with regard to any financial benefit having accrued to the petitioner, the learned counsel has fairly submitted that there is no such allegation in the FIR. 6. Taking into account the entire facts and circumstances of the case, coupled with the fact that the petitioner is a person of clean antecedent, the petitioner above- named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM-II/concerned Court, Bagaha in connection with Bagha Cyber P.S. Case No. 06 of 2026, Patna High Court CR. MISC. No.47453 of 2026(4) dt.18-08-2026 4/4 subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial. (ii) One of the bailors must be close relatives of the petitioner such as mother, father, brother, sister or wife. (iii) The petitioner will appear on each and every date fixed by the trial court and if, he fails to do so on two consecutive dates, unless he is prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bond of the petitioner. (iv) Before release, the learned court below shall verify the criminal antecedent of the petitioner and if he is found involved in any case other than the present one, his bail bond will not be accepted. (v) It is also made clear that there shall not be any delay in verifying the criminal antecedent of the petitioner. (vi) If he repeats any offence of similar nature, his bail bond shall be liable to be cancelled immediately by the learned court below. Nirmal/- (Raj Kumar, J) U T