Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10301 of 2026 Arising Out of PS. Case No.-35 Year-2025 Thana- Cyber P.S. District- Nawada ====================================================== 1.

Rupesh Kumar Son of Brijnandan Prasad Resident of Village- Shanti Nagar, P.S.- Hisua, District- Nawada.

2.

Kamlesh Kumar Son of Damodar Prasad Resident of Village- Doma Bar, P.S.- Nardiganj, District- Nawada.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar Giri, Advocate For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-02-2026 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner apprehending their arrest in connection with Cyber P.S. Case No. 35 of 2025 registered for the offences punishable under Sections 302(2), 318(2), 318(4), 338, 319(2), 336(2), 336(3), 340(2), 61(2) of Bhartiya Nayay Sanhita.

3. As per FIR, petitioners alongwith apprehended coaccused persons were involved to cheat innocent persons through forged advertisement for providing online loan and female escort services. The mobile numbers as alleged to be used for the said purpose are 8787706170, 7799432924 and 9038881908.

Patna High Court CR. MISC. No.10301 of 2026(2) dt.13-02-2026 2/3

4. It is submitted by learned counsel appearing on behalf of the petitioners that except suspicion arising out of disclosure statement of apprehended co-accused persons,nothing incriminating surfaced against petitioners nothing survives against these petitioners. It is also pointed out that entire incriminating material appears to be recovered from apprehended co-accused persons, namely, Vikash Kumar and Murari Kumar. It is submitted that even the mobile number which alleged to be used for committing fraud not appears to be registered in name of these petitioners, who are the men of clean antecedents.

5. Learned APP opposed the prayer of bail.

6. In view of aforesaid factual submissions and by taking note of fact as prima facie except suspicion arising out of disclosure statement of apprehended co-accused persons, nothing incriminating surfaced against petitioners coupled with the fact the mobile numbers as alleged to be used not appears to be connected with petitioners, who are the men of clean antecedent, accordingly, both above named petitioners, in the event of their arrest or surrender before the learned trial Court, within a period of four weeks of the order, are directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.10301 of 2026(2) dt.13-02-2026 3/3 learned A.C.J.M.-VI, Nawada/concerned Court, where the case is pending in connection with Cyber P.S. Case No. 35 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T