Patna High CourtCR. MISC./20678/2025bail granted

Mukesh Kumar v. The State Of Bihar

2025-04-16Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20678 of 2025 Arising Out of PS. Case No.-81 Year-2024 Thana- Cyber P.S. District- Nawada ====================================================== Mukesh Kumar Son of Dharmendra Kumar Village- Bhawani Bigha PS -Warisaliganj Distt -Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-04-2025 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. 81 of 2024, instituted for the offences punishable under Sections 303(2), 318(2), 318(4), 338, 319(2), 336(2), 336(3), 340(2), 111, 61(2) read with Sections 66, 66(b), 66(c) and 66(d) of I.T. Act.

3. The prosecution case, in short, is that, on secret information the police conducted raid at village Fatha and upon seeing them the petitioner along with other co-accused persons tried to flee from the spot but was apprehended by the police. It is further alleged that 3 mobile phones have been recovered from the possession of this petitioner.

Patna High Court CR. MISC. No.20678 of 2025(2) dt.16-04-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that out of three mobile phones, one mobile phone belongs to the petitioner and he has got no concern with the other two mobile phones. No specific allegation has been attributed against the petitioner, rather the same is general and omnibus in nature. The petitioner is in custody since 30.12.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 07.04.2025 passed in Cr. Misc. No. 18886 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.20678 of 2025(2) dt.16-04-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Cyber P.S. Case No. 81 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T