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2026 DAILYLAW 9804 (PAT)

Bittu Kumar Jha v. The State of Bihar

CR. MISC./3184/2026 · 2026-04-18

Rajesh Kumar Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2150 of 2026 Arising Out of PS. Case No.-72 Year-2025 Thana- Cyber P.S. District- Darbhanga ====================================================== Raushan Jha @ Raushan Kumar Jha S/o Surendra Jha R/o Village- Balha, P.S- Bahera, Dist- Darbhanga. ... ... Petitioner/s Versus 1. The State of Bihar 2. Economic Offence Unit (E.O.U.) Patna ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 3184 of 2026 Arising Out of PS. Case No.-72 Year-2025 Thana- Cyber P.S. District- Darbhanga ====================================================== Bittu Kumar Jha Son of Manoj Jha R/o Village - Habibpur, P.S. - Bahera, Dist. - Darbhanga, Bihar - 847233. ... ... Petitioner/s Versus 1. The State of Bihar 2. Economic Offence Unit (E.O.U.) Patna ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 2150 of 2026) For the Petitioner/s : Ms.Mili Kumari, Advocate For the Opposite Party/s : Mr.Upendra Kumar, APP For the E.O.U. : Mr. Vishwanath Prasad Sinha, Sr.Advocate : Mr. Vijay Anand, Advocate (In CRIMINAL MISCELLANEOUS No. 3184 of 2026) For the Petitioner/s : Mr.Sumit D. Sharma, Advocate : Mr.Navendu Prakash, Advocate For the Opposite Party/s : Mr.Nand Kishore Prasad, APP For the E.O.U. : Mr. Vishwanath Prasad Sinha, Sr.Advocate : Mr. Vijay Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 7 18-04-2026 Heard Ms.Mili Kumari, learned counsel for the petitioner, Mr.Upendra Kumar, learned Additional Public Prosecutor for the State (In CRIMINAL MISCELLANEOUS Patna High Court CR. MISC. No.2150 of 2026(7) dt.18-04-2026 2/8 No. 2150 of 2026), Mr.Sumit D. Sharma, learned counsel for the petitioner, Mr.Nand Kishore Prasad, learned Additional Public Prosecutor for the State (In CRIMINAL MISCELLANEOUS No. 3184 of 2026) and Mr. Vishwanath Prasad Sinha, learned senior counsel appearing for the E.O.U. assisted by Mr. Vijay Anand, learned Advocate in both the applications. 2. The petitioners seek bail, who are in custody since 01.11.2025 in connection with Cyber P.S.Case No.72 of 2025, FIR dated 31.10.2025 registered for the offences punishable under Sections 66(c),66(D) of the I.T.Act and Sections, 111(2), 111(3), 318(4), 319(2), 336(3), 337, 338, 339, 340(2) and 3(5) of BNS, 2023. 3. Briefly stated on 31.10.2025 at about 01:00 PM, a team of Economic Offence Unit, Patna under leadership of Pankaj Kumar, submitted information that as per the Information provided by Dy. S.P came to the Cyber Police Station, Darbhanga and Directorate of Revenue Intelligence, a consignment of five SIM box to be delivered in Darbhanga by suspect Roshan Kumar Jha and Bittu Jha(both are resident of Darbhanga District). The Cyber Police Station registered Sanha No. 584/25 dated 31.10.2025 and proceeded further. The petitioners, namely, Roshan Kumar Jha and Bittu Kumar Jha Patna High Court CR. MISC. No.2150 of 2026(7) dt.18-04-2026 3/8 were arrested. On their instance, in the same night at 04:00 am, a raid was conducted in the house of Devanand Thakur, village- Ashapur, P.S. Bahera, District - Darbhanga wherein 97 Airtel SIM cards, 41 black colour power banks, 6 hair trimmers, 4 Adhar Cards, 7 Airtel Wifi sets and one Vivo Y29 Mobile phones and one Readmi 15 phone were recovered. From the same house, one more suspect namely Bobby Kalyan arrested who was from Haryana. Bobby Kalyan disclosed that he had formed a gang for committing cyber crime which consists of Raushan Jha, Bittu Jha, Sujit Kumar Thakur, Abhishek Thakur, Manish, Rishi Jha and others. Furthermore, the raid were conducted four additional places from where a cash of Rs. 4,00,000/-, 47 Vodaphone SIM cards, multiple Jio ruters etc. were recovered. 4. Learned counsel for the petitioners submits that petitioner, namely, Raushan Jha @ Raushan Kumar Jha has clean antecedent and petitioner, namely, Bittu Kumar Jha carries one more case other than the present one and he has been granted bail by the learned court below itself. The allegation as alleged in the FIR is false and fabricated and the petitioners have not committed any offence as alleged in the FIR. Learned counsel for the petitioners submits that from a bare perusal of Patna High Court CR. MISC. No.2150 of 2026(7) dt.18-04-2026 4/8 the FIR it appears that the FIR has been instituted against 10 named accused persons including the petitioners. From a bare perusal of the FIR it appears that the petitioners are suspected accused and not a single independent person raise finger against them in the investigation. 5. Learned senior counsel for the E.O.U. has filed the counter affidavits in both the cases and submits that based on the inputs and confessional statement of the petitioners and as per location provided by the petitioners, namely, Raushan Jha @ Raushan Kumar Jha and Bittu Kumar Jha raid was made in the house of Devanand Thakur one person namely, Bobby Kalyan was apprehended and he has disclosed that he is resident of District-Kurukshetra from the State of Haryana and his room was searched. During search, 97 SIM cards of airtel, power banks (41 pieces), 6 pieces trimmers, Aadhar card carrying photo of Bobby Kalyan but in the name of Shamsher Alam, Aadhar Card of Bobby Kalyan, Wi-Fi set, mobile phones were seized from the house of Jogeshwar Thakur. That said Bobby Kalyan also disclosed that he has come from Haryana to commit cyber fraud in an organized manner with members of the Gang i.e. the petitioners and others. He also disclosed the name of petitioners and others to be members of the Gang for carrying Patna High Court CR. MISC. No.2150 of 2026(7) dt.18-04-2026 5/8 out cyber fraud and petitioners and Bobbby Kalyan have disclosed that at four locations articles/gadgets for committing cyber crime have been kept by them i.e. -(a) House of Raushan Jha in Balha,(b) rented accommodation of Raushan Jha in Laxmi Sagar, Darbhanga.(c) rented accommodation of Bittu Jha in Village- Katariya Gandhi Nagar, Darbhanga and (d) rented accommodation of Raushan Jha at Madarpur, Laheriasarai, Darbhanga. 6. Learned senior counsel for the E.O.U. further submits that the recovery of incriminating articles from possession of the petitioners and upon their disclosure the present case was lodged on allegation of organized cyber crime involving procurement and used of illegal SIM Boxes, SIM Cards, Wi-Fi routers, Wi-Fi- pulse camera, Wi-Fi remotes and other related equipment for committing cyber offences on a large scale. During investigation, search was conducted at the house of petitioner, namely, Raushan Jha @ Raushan Kumar Jha from where the following articles were recovered and seized:- i. Rs. 500 denomination currency notes @ 800 pieces (total Rs. 4,00,000/-), ii. 47 Vodafone SIM cards, iii. One Axis Bank cheque book (Account No. Patna High Court CR. MISC. No.2150 of 2026(7) dt.18-04-2026 6/8 925020017265964, serial no. 145048 to 145070) in the name of "Maa Bhawani Dresses", iv. One Motorola G85 mobile phone containing SIM No. 8651072002 (IMEI No. 358261425080997 & 35826142508 f003). Upon raid in the rented accommodation of this petitioner Raushan Kumar Jha at Laxmisagar P.S. Sadar, Darbhanga following articles were recovered and seized:- i. Jio Router I G.B. ii. Inverter. iii. Battery. iv. WIFI CP pulse camera. v. 2 Jio Routers 500 MB. vi. 1 Wi-Fi remote. Upon further raid at the instance of this petitioner Roshan Kumar Jha at Madarpur, Laheriasarai, Darbhanga following articles were seized :- (i) 1 Wi-fi CP Plus camera. (ii) 1 WI FI remote. (iii) 1 jio router 1 GB. (iv) 1 Jio router 500 MB. (v) 1 Battery Liv Guard. Patna High Court CR. MISC. No.2150 of 2026(7) dt.18-04-2026 7/8 (vi) I Inverter Liv Guard. During investigation of Sanha No. 584/2025 a lawful search was conducted at the house of accused Bittu Jha from where the following articles recovered and seized:- i. One Inverter Liv guard, ii. One battery Liv guard PT48180ST, iii. One Jio router 1 GB, iv. One Jio router 500 MB, v. One Wi-Fi CP Pulse Camera, vi. One Wi-Fi remote, vii. One Vivo T4X Mobile (IMEI:86622078059320, 86622078059338, SIM No.7488863410,9534360574). 7. Having heard the learned counsel for the parties and perused the material available on the record, this Court prime facie found that petitioners are involved in the cyber crime and number of articles, which were used in the cyber crime were recovered from the house or the location disclosed by the petitioners. 8. Considering the aforesaid facts, I am not inclined the enlarge the petitioners on bail in connection with Cyber P.S.Case No.72 of 2025, pending in the court of learned Judicial Magistrate, 1st Class, Darbhanga. Patna High Court CR. MISC. No.2150 of 2026(7) dt.18-04-2026 8/8 9. Prayer is refused. Nitesh/- (Rajesh Kumar Verma, J) U