Kundesh Kumar @ Chhotu Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19548 of 2026 Arising Out of PS. Case No.-13 Year-2026 Thana- Cyber P.S. District- East Champaran ====================================================== Kundesh Kumar @ Chhotu Kushwaha S/o Pramod Kumar Kushwaha R/o vill- Baudha, Ps- Ramgarhwa, District- East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Madhura Nand Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-03-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 16.01.2026 in connection with Motihari Cyber P.S. Case No. 13 of 2026 for the offences punishable under Sections 318(4), 303(2), 319(2), 338, 3(5) of BNS and Sections 66(C) and 66(D) of IT Act.

3. The prosecution case, in brief, is that on 13.1.2026 police secret information was received that Kundesh Kumar Kushwaha @ Chotu, was involved in Cyber fraud by using bank account and SIM cards of local people. It is further alleged that police raid at his house on 14.01.2026 and arrested him. During the raid one mobile phone, SIM card and Cheque book were recovered. During interrogation he disclosed the name of his

Patna High Court CR. MISC. No.19548 of 2026(2) dt.31-03-2026 2/3 associates Neeraj Kumar @ Subham Kumar who helped in opening Bank Account for Cyber fraud. It is next alleged that raid was conducted at his house where mobile phone, SIM cards, ATM card pass book and Cheque book were seized. It is further alleged that another accused Rmeo @ Romi @ Mohit was also arrested later. All the accused persons were involved in receiving and withdrawing Cyber money through the Bank Account.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. It is further submitted that the allegation as alleged in the FIR is forged and fabricated and the petitioner has not committed any offence as alleged in the FIR.

5. The learned Additional Public Prosecutor, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that from bare perusal of the FIR it appears that petitioner is involved in the cyber fraud and raid has been conducted in the house of the petitioner and number of articles which were used in the cyber fraud were recovered from the house of the petitioner.

6. Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail in connection

Patna High Court CR. MISC. No.19548 of 2026(2) dt.31-03-2026 3/3 with Motihari Cyber P.S. Case No. 13 of 2026 pending in the court of learned ACJM IV, East Champaran, Motihari.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Gaurav Sinha/- U T