Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14711 of 2025 Arising Out of PS. Case No.-67 Year-2024 Thana- Cyber P.S. District- Nawada ====================================================== Ranjan Kumar Son of Ratan Ravidas Resident of Village - Dariyarpur, P.S. - Warsliganj, District - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Vaishnavi Singh, Adv.
For the Opposite Party/s :
Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Cyber P.S. Case No. 67 of 2024 instituted for the offence under Sections 303(2), 318(2), 318(4), 319(2), 338, 336(2), 336(3), 340(2), 111 & 61(2) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case in short is that on secret information regarding Cyber crime, police raided the house of the co-accused Kaushal Kumar and it is alleged that there is recovery of two mobile phones, three ATM Cards and one motorcycle from his house. It is further alleged that on the
2/4 disclosures made by the petitioner, the police arrested the coaccused Appu Kumar and recovered one Oppo mobile and one Samsung phone from his possession and, on the instruction of Appu Kumar, one Redmi phone, one Nokia phone, one I-call phone and one airtel sim kept in a plastic bag were recovered from the nearby field.
4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 06-12-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner further submits that nothing incriminating has been recovered from the conscious/physical possession of the petitioner or from his house. There is no independent witness to the alleged occurrence. There is no compliance of Section 103 of the B.N.S.S. Charge sheet has been submitted in this case.
6. Learned counsel for the petitioner further submits that the co-accused Kaushal Kumar has already been
3/4 granted bail by this Court vide order dated 24.02.2025 passed in Cr. Misc. No. 9622 of 2025. She further submits that the case of the petitioner is on better footing than that of the co-accused Kaushal Kumar as nothing incriminating has been recovered from the conscious possession of the petitioner or from his house.
7. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, pointing out that as per allegation, the petitioner is involved in committing Cyber fraud by forming a gang.
8.
Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, charge sheet being submitted as also the prayer for bail based on parity, this Court is inclined to grant bail to the petitioner.
9. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Cyber P.S. Case No. 67 of 2024, subject to the following conditions:
4/4 (i) One of the bailors shall be own/close member of the family of the petitioner.
(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (Rudra Prakash Mishra, J) rishi/- U T