Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20658 of 2025 Arising Out of PS. Case No.-10 Year-2025 Thana- WARISLIGANJ District- Nawada ====================================================== GULSHAN KUMAR Son of Paras Nath Singh Resident of village - Fataha, Police Station - Warisaliganj, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Warisliganj P.S. Case No. 10 of 2025 dated 03.01.2025 registered for the offences punishable u/ss 319(2), 318(4), 338, 336(3), 340(2), 61(2) read with section 3(5) of the BNS and section 66B and 66D of the IT Act.

3. As per the prosecution case, police conducted a raid and apprehended five accused persons along with the petitioner and on search, mobile phones were recovered from them. It is further alleged that after verification of their phones, police

Patna High Court CR. MISC. No.20658 of 2025(2) dt.16-04-2025 2/3 found that the accused persons were indulged in Cyber crime.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. It is further submitted that no one has made any complaint against the petitioner for cyber fraud. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.01.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner was indulged in cyber fraud.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Warisliganj P.S. Case No. 10 of 2025, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.20658 of 2025(2) dt.16-04-2025 3/3 cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T