Sharvan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20602 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- Cyber P.S. District- Lakhisarai ====================================================== Sharvan Kumar Son of Late Preman Singh Resident of village - Pohe Khushalpur, P.S.- Sikandra, District - Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 21555 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- Cyber P.S. District- Lakhisarai ====================================================== Deep Prabhat @ Ghutti Son of Pramod Singh Resident of Village- Pohe Khushalpur PS -Sikandra, Dist- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 22471 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- Cyber P.S. District- Lakhisarai ====================================================== Dhiraj Kumar @ Dheeraj Kumar S/o Manoj Singh R/o village - Pachubigha, P.S.- Sikandra, Distt.- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 20602 of 2025) For the Petitioner/s :
Mr.Mayank Raj, Advocate Mr. Prabhojot Singh, Advocate Ms. Rushali, Advocate For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1, APP (In CRIMINAL MISCELLANEOUS No. 21555 of 2025) For the Petitioner/s :
Mr.Mayank Raj, Advocate Mr. Prabhojot Singh, Advocate Ms. Rushali, Advocate For the Opposite Party/s :
Mr.Narendra Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 22471 of 2025)
2/4 For the Petitioner/s :
Mr.Mayank Raj, Advocate Mr. Prabhojot Singh, Advocate Ms. Rushali, Advocate For the Opposite Party/s :
Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-04-2025 Since all the three petitions arise out of Cyber P.S. Case No. 01 of 2025, as such, they have been taken up together and are being disposed of by this common order.
2. Heard learned counsel for the petitioners and learned APP for the State.
3. In the present case, the petitioners seek bail in connection with Cyber P.S. Case No. 01 of 2025 registered for the alleged offences under Sections 318(4), 319 of B.N.S. and Sections 66(C), 66(D) of I.T. Act.
4. As per prosecution case, the police has been keeping watch over certain identified area after having report about commission of a number of cyber crimes. Finding one suspicious mobile phone active in the said area, a raid was conducted and the petitioners were apprehended while sitting in the agricultural field. On being apprehended, the petitioners disclosed that they used to steal data of various persons by putting them into fear of cancellation of their online parcel and extort money from them. From the petitioners, recovery of mobile phones and a motorcycle was made. Petitioner Deep
3/4 Prabhat claimed that the motorcycle belongs to him.
5. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. From the FIR it is evident that no offence in any of the provisions either of the BNS or Information Technology Act is made out against the petitioners. Nothing incriminating has been recovered from the person or possession of the petitioners. The petitioners are the owners of the mobile phones and the petitioner Deep Prabhat is having document for the vehicle seized from the spot and the said vehicle is in the name of father of said petitioner. The petitioners are in custody since 04.01.2025 and charge sheet has been submitted. The petitioners are having clean antecedent.
6. Learned APP opposes the submission made on behalf of the petitioners.
7. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague nature of allegation and further considering the submission of charge sheet and period of custody of the petitioners, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the
4/4 satisfaction of learned Chief Judicial Magistrate, Lakhisarai/concerned Court in connection with Cyber P.S. Case No. 01 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions : (i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) DKS/- U T