Rakesh Raushan @ Vikash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8094 of 2025 Arising Out of PS. Case No.-74 Year-2024 Thana- Cyber P.S. District- Lakhisarai ====================================================== Rakesh Raushan @ Vikash Singh S/O Manoj Singh Resident of VillageAfsarh, P.S.- Warisaliganj, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Adv For the Opposite Party/s :
Mr. Ram Anurag Singh, App ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 21-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner makes a prayer for grant of regular bail in connection with Cyber ( Lakhisarai) P.S.Case No. 74 of 2025 registered under sections 318(4), 319 of BNSS and section 66C, 66D of I.T Act.
3. The allegation in the FIR, is that a mobile number 9123130017 has been used to cheat several customers of Flipkart and hence, the FIR was registered against the bearer of the said mobile. The case has been lodged by the informant Jyant Kumar Pandey, who is employee of Flipkart.
4. Learned counsel for the petitioner submits that the FIR has been lodged only against the bearer of mobile number 9123130017 and however, during investigation, it has surfaced
Patna High Court CR. MISC. No.8094 of 2025(3) dt.21-05-2025 2/3 that the said mobile number was issued in the name of one Shiva Devi and later on, it was disclosed that the grandson of Shiva Devi namely, Shubham Kumar Verma was using the said mobile phone. It would further appear from the materials collected during the course of investigation, that Shubham Kumar Verma, has disclosed that he was running a jewellery shop and another accused of the case Sonam Kumari had purchased a gold locket from his shop and made on-line payment by obtaining the "QR Code" of his mobile number. So far as, the version of Sonam Kumari is concerned, it has been stated that her boy friend namely, Rakesh Roshan, who is the present petitioner had actually purchased the locket from the jewellery shop and had made the on-line payment.
It has also transpired during the course of investigation, in Paragraph-21 of the case diary that the present petitioner has confessed that he was involved in the occurrence of cheating of customers of Flipkart through unauthorized access to their account. In view of the entire material collected during the course of investigation, it has been submitted by the learned counsel for the petitioner that there is no direct connection of the petitioner with the mobile in question and the confession made by the petitioner before the police is of no evidentary value in the eye of law.
Patna High Court CR. MISC. No.8094 of 2025(3) dt.21-05-2025 3/3 is in custody since 28.10.2024 with no criminal antecedent.
5. The learned APP for the State opposes the prayer for bail by stating that it is cyber crime.
5. Considering the facts and circumstances, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Cyber ( Lakhisarai) P.S.Case No.74 of 2024, subject to the condition:- The petitioner shall undertakes to co-operate in the investigation/ trial and shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioner. (Soni Shrivastava, J) N.K/- U T