Roshan Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27695 of 2025 Arising Out of PS. Case No.-17 Year-2024 Thana- Cyber P.S. District- Saharsa ====================================================== Roshan Kumar Sah S/o Mahadeo Sah R/o Vill.- Chandrayan, P.S.- Nauhatta, Distt.- Saharsa ... ... Petitioner

Versus

1.

The State of Bihar 2.

Suraj Kumar Jha S/o Rajeev Narayan Jha R/o Vill.- Chandrayan, P.S.- Nauhatta, Distt.- Saharsa ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Cyber (Saharsa) P.S. Case No. 17 of 2024 registered for the offences punishable under Sections 379, 406, 419, 420, 468 of the Indian Penal Code and Section 66(D) of I.T. Act.

3. The allegation against the petitioner is to cheat the informant for a sum of Rs. 1,45,000/- on pretext of investment.

4. It is submitted by learned counsel appearing for the petitioner that amount as alleged to be invested by the

Patna High Court CR. MISC. No.27695 of 2025(5) dt.05-01-2026 2/3 informant was never deposited with the petitioner, however, he conceded that petitioner is the director of M/s Red Rock Power Limited Company (in short the "Company").

5. It is submitted that in fact the petitioner implicated with this case out of village politics. In this context, it is submitted that no other investor of the same village raised any complaint against this petitioner. It is submitted that petitioner is a man of clean antecedent.

6. Learned A.P.P. for the State, while opposing the prayer of anticipatory bail of the petitioner, submitted that on perusal of the case diary and materials collected till now, this petitioner was the Managing Director of the Company and he himself sent different scan code (QR Code) to different persons of the village from his mobile to deposit the amount, which started from Rs.10,000/- to Rs. Two Lakhs. It is pointed out that in such a manner the petitioner cheated different villagers for a sum of Rs. 50 Lakhs, and thereafter left the village.

7. In view of the aforesaid factual submission as the witnesses during course of investigation, through their

Patna High Court CR. MISC. No.27695 of 2025(5) dt.05-01-2026 3/3 statement as recorded under section 161 of the Cr.P.C./180 of the B.N.S.S., supported the allegation as raised against the petitioner as to send different scan code to the villagers for depositing money with his Company from his mobile, where admittedly no return as assured was made, accordingly, prayer of anticipatory bail of the petitioner stands rejected. (Chandra Shekhar Jha, J) Rajeev/- U T