Binesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24716 of 2025 Arising Out of PS. Case No.-6 Year-2025 Thana- Cyber P.S. District- Nawada ====================================================== 1.
Binesh Kumar S/o Chandar Ram @ Chandra Ram R/o Village- Apsarh, P.S.- Warsaliganj, District- Nawada 2.
Karu Kumar S/o Tunni Mistri @ Tunnu Mistri R/o Village- Apsarh, P.S.- Warsaliganj, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Cyber P.S. Case No. 06 of 2025, instituted for the offences punishable under Sections 303(2), 318(2), 318(4), 338, 319(2), 336(2), 336(3), 340(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that, on the basis of secret information the police reached at the place of occurrence and apprehended eight accused persons including the petitioners who were involved in cyber crime and recovered several data sheets and mobile phones and note-books.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the
Patna High Court CR. MISC. No.24716 of 2025(2) dt.22-04-2025 2/3 present case. No incriminating material have been recovered from the conscious possession of the petitioners. Learned counsel for the petitioners also submits that as per allegation, one mobile phone and three pages of data sheet have been received from petitioner no. 1 and two pages of data sheet have been received from petitioner no. 2. The recovered mobile phone belongs to petitioner no. 1 and both of them have got no concern with the recovered data sheets. The petitioners are in custody since 12.01.2025 and have got no criminal antecedent. Learned counsel for the petitioners further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 24.03.2025 passed in Cr. Misc. No. 17517 of 2025.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.24716 of 2025(2) dt.22-04-2025 3/3 below/concerned Court in connection with Cyber P.S. Case No. 06 of 2025.
(Rudra Prakash Mishra, J) Rajorshi/- U T