Sandeep Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8416 of 2026 Arising Out of PS. Case No.-40 Year-2025 Thana- Cyber P.S. District- Supaul ====================================================== Sandeep Kumar Sah S/o Banarsi Sah R/o Village- Rampur Ward No.13, P.SSaurbazar, Dist- Saharsa. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Shekhar, Advocate For the Opposite Party/s :
Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 303 (2) and 318 (4) of the BNS and Sections 66C and 66D of the I.T. Act.
3. The case of the prosecution is that the mobile of the informant was stolen by an unknown person. The informant made every endeavor to get his SIM closed. However, the person who had stolen the mobile phone allegedly managed to port the SIM card into JIO and a sum of Rs. 35,000/- was withdrawn from the informant's bank account.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that
Patna High Court CR. MISC. No.8416 of 2026(2) dt.19-02-2026 2/3 during the course of investigation, one Lalit Kumar gave a confessional statement wherein he stated that one Sujit runs a group of boys engaged in pickpocketing. According to the said statement, the stolen mobile was handed over to him and he used to retain the SIM cards which were subsequently ported in his name. If any 'Pay Phone' or 'Google Pay' Account, was linked to such SIM cards, the amounts therein were withdrawn. It is further submitted that from the SIM card of the informant, a sum of Rs. 35,000/- was withdrawn and transferred to the account of Lalit, out of which Rs. 2000/- was given to him (the petitioner herein) as commission.
It is further submitted that the petitioner is a shopkeeper and the only role as depicted by the co-accused is that the money was transferred in his account and he has taken a commission of Rs. 2000/- out of Rs. 35,000/-. It is further submitted that save and expect the confessional statement of co-accused, Lalit Kumar, nothing has come against him. Moreover, the petitioner is languishing in judicial custody since 07.10.2025.
5. Learned APP appearing for the state has opposed the prayer of regular bail stating that the petitioner has one criminal antecedent of different nature.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.8416 of 2026(2) dt.19-02-2026 3/3 of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Supaul Cyber P.S. Case No. 40 of 2025 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, Supaul.
(Ashok Kumar Pandey, J) Jagdish/- U T