Shivajee Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14438 of 2026 Arising Out of PS. Case No.-35 Year-2025 Thana- Cyber P.S. District- Lakhisarai ====================================================== Shivajee Kumar Son of Sri Pawan Thakur Resident of Village- Bhala Tola P.sLakhisarai District -Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mudeet Meet, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-03-2026
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 340(2), 338, 336(3), 318(4) and 61(1) of the BNS, 202 read with Sections 66(c) and 66(D) of the IT Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that he received a secret information about a shop namely King Photo shop involved in preparing forged and fabricated birth certificate and Aadhaar card accordingly a raid was conducted and Saurav was apprehended with forged documents, a scanner, printer and other devices, further Saurav revealed that shop belongs to Dharmendra and he works with
2/4 Shiva and they prepare forged documents including birth certificate and Aadhaar card and charge Rs. 2,000/- per person and a person namely Sandeep of Lakhisarai helps them in running the center, further Sharwan is the mastermind and Rohit and petitioner are also involved in similar activities.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that thrust of the allegation is against King Photo Shop and its owner Dharmendra Kumar. It is further submitted that as far as petitioner is concerned, the allegation against him is general and omnibus in nature. It is also submitted that Sharwan who is alleged to be the mastermind had moved this Court seeking anticipatory bail by filing Criminal Miscellaneous No. 15306 of 2026 and the same came to be allowed by a learned Co-ordinate Bench by order dated 23.03.2026.
5. Learned A.P.P. for the State opposes the anticipatory bail application of the petitioner and submits that of late, cyber offences in the State of Bihar has increased and if privilege of anticipatory bail is granted, the petitioner may abscond or try to tamper with the evidence when interrogation
3/4 in the case of the petitioner is required for eliciting the truth, but then is not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that Sharwan has been granted the privilege of anticipatory bail.
6. At this stage, the learned counsel appearing on behalf of the petitioner submits that if privilege of anticipatory bail is granted, the petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Lakhisarai Cyber P.S. Case No. 35 of 2025 subject to the conditions as laid down under Section 482 (2) of BNSS.
8. One of the bailors of the petitioner shall be his father, Pawan Thakur.
9. However, it is made clear that in the event if the Investigating Officer of the case files an application before the
4/4 learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner.
10. Let a copy of this order be sent to the concerned police station through the learned Trial Court.
11. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T