Jyotish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14214 of 2025 Arising Out of PS. Case No.-68 Year-2024 Thana- Cyber P.S. District- Nawada ====================================================== Jyotish Kumar S/o Bhola Chaudhary R/o vill- Chakway, P.S.- Warsaliganj, District-Nawada ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur Mr.Binod Kumar For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Cyber, Nawada P.S. Case No. 68/2024 dated 08.12.2024 registered for the offence punishable u/s 303(2), 318(2), 318(4), 338, 319(2), 336(2), 336(3), 340(2), 111 and 61(2) of the B.N.S.

3. As per the prosecution case, the petitioner and the co-accused persons were apprehended and from the possession of the petitioner and the co-accused persons mobile phones were recovered. On search, whatsapp chat regarding fraud was found. Later, the co-accused persons disclosed that the petitioner along with other co-accused persons was involved in committing fraud

Patna High Court CR. MISC. No.14214 of 2025(3) dt.21-03-2025 2/3 in the name of giving franchise.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has submitted that nine persons from different places on 08.12.2024 were apprehended but no any incriminating article except mobile phones were recovered from the possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has three antecedents and he is on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 07.12.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that two mobile phones were recovered from the possession of the petitioner. It is further submitted that the SIM card in the petitioner's second mobile is 9555276438 issued in the name of Kajal Gupta of Gorakhpur and WhatsApp was being used from a virtual mobile number +13869002789 and this number belongs to Afghanistan.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.14214 of 2025(3) dt.21-03-2025 3/3 the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Cyber, Nawada P.S. Case No. 68/2024, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. (ii). If the petitioner is found involved in similar nature of offence in the future, the prosecution will be at liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T