Kunal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20875 of 2025 Arising Out of PS. Case No.-62 Year-2024 Thana- Cyber P.S. District- Nawada ====================================================== Kunal Kumar S/o Akhileshwar Singh @ Alkeshri Singh Resident of VillageChandimau (Chandi Mau), P.S.- Silao, District- Nalanda, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Man Mohan Kumar, Adv.
For the Opposite Party/s :
Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Nawada Cyber P.S. Case No. 62 of 2024 instituted for the offences under Sections 303(2), 318(2), 318(4), 338, 319(2), 336(), 336(3), 340(2), 111, 61(2) of the Bhartiya Nyaya Sanhita and Sections 66, 66(B), 66(C), 66(D) of the Information Technology Act.
3. As per prosecution case, the police busted a cyber fraud gang involved in online courier scams using UPI and QR codes and apprehended fifteen accused persons including the petitioner. It is further alleged that several mobile phones and data sheets were also seized from the accused persons.
Patna High Court CR. MISC. No.20875 of 2025(2) dt.22-04-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He submits that no money was received in the account of the petitioner rather the evidence in support of the transaction was in the name of one Santosh Kumar. He further submits that no financial transaction was made in the account of the petitioner. The petitioner has also not received a single farthing in the alleged occurrence. Learned counsel for the petitioner further submits that as per F.I.R., from mobile no. 9831227543, cheating was made to different mobile numbers and these mobiles were not seized and that mobile does not belong to the petitioner.
He further submits that no cheating was made from the mobile of the petitioner and has only been implicated in this case on the basis of whatsapp chat which was an online shopping group. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 15.10.2024 without any rhymes or reason.
5. Learned counsel for the petitioner again submits
Patna High Court CR. MISC. No.20875 of 2025(2) dt.22-04-2025 3/3 that the co-accused persons have already been granted bail by this Court vide common order dated 21.03.2025 passed in Cr. Misc. Nos. 1406 of 2025, 4798 of 2025 and 7143 of 2025.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the prayer for bail being based on parity, let the petitioner, abovenamed, 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 Nawada Cyber P.S. Case No. 62 of 2024. (Rudra Prakash Mishra, J) rishi/- U T