Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20956 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- Cyber P.S. District- Nalanda ====================================================== 1.
Vikash Kumar S/O Sharvan Kumar R/O Village- Palni, P.S- Manpur, Distt.- Nalanda.
2.
Gaurab Kumar S/O Gariban Yadav R/O Village- Palni, P.S- Manpur, Distt.- Nalanda.
3.
Rahul Raj S/O Chandramauli Yadav R/O Village- Palni, P.S- Manpur, Distt.- Nalanda.
4.
Naro Kumar S/O Rajal Prasad @ Rajal Yadav R/O Village- Chandapur, P.STelhara, Distt.- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kishor Prasad, Advocate For the State :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-08-2025 Heard Mr. Raj Kishor Prasad, learned counsel for the petitioners and Mr. Anil Kumar, learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Nalanda Cyber P.S. Case No. 08 of 2025, F.I.R. dated 21.01.2025 registered for the offences punishable under Sections 316(2), 318(4), 303(2), 319(2), 338, 336(3), 340(2), 61(2) of the B.N.S., 2023 and Sections 66(c), 66(D) of I.T. Act, 2000.
3. The F.I.R. of the occurrence of Cyber fraud is against unknown.
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4. Learned counsel for the petitioners submits that the petitioners have clean antecedents and they have been falsely implicated in the present case. He further submits that the petitioners are not named in the F.I.R. and the name of the petitioners have been transpired on the basis of confessional statement of apprehended co-accused person. Learned counsel for the petitioners further submits that the allegation as alleged in the F.I.R. is false and fabricated and apart from that the petitioners have no concern at all with the apprehended coaccused person who has confessed the name of the petitioners and except the confessional statement of apprehended coaccused person, no other cogent material has come during investigation to suggest the involvement of the petitioners in the present occurrence.
5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.
6. Considering the facts and circumstances of the case and the fact that the petitioners having clean antecedents and except the confessional statement of apprehended co-accused person, no other cogent material has come during investigation against the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the court below within a
3/4 period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Nalanda Cyber P.S. Case No. 08 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-
(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the
4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ibrar//- U T