Mintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24397 of 2025 Arising Out of PS. Case No.-78 Year-2024 Thana- Cyber P.S. District- Nawada ====================================================== Mintu Kumar S/O Nivas Singh Resident of Village- Bhagavatpur, P.S.- Kashichak, District- Nawada ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar, Advocate For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner apprehends arrest in Nawada Cyber P.S. Case No. 78 of 2024, registered under Sections 303(2), 318(2), 318(4), 338, 319(2), 336(2), 336(3), 340(2), 111, 61(2) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 66, 66(B), 66(C) and 66(D) of the I.T. Act.
3. The prosecution case, in short, is that the accusation against the petitioner is of being involved in the Cyber crime. It is alleged that the police, on receipt of secret information, raided at the house and apprehended co-accused persons. On search, the suspected mobile number and mobile phone was seized by the police and other mobile phones were also seized from coaccused persons bearing different mobile numbers.
Patna High Court CR. MISC. No.24397 of 2025(3) dt.01-08-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Guddu Kumar and the same has got no evidentiary value. It is next submitted that the petitioner was not present at the place of occurrence and no recovery has been made from the possession of the petitioner. The petitioner has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 10.04.2025 passed in Cr. Misc. No. 19682 of 2025.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees 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.
Patna High Court CR. MISC. No.24397 of 2025(3) dt.01-08-2025 3/3 Case No. 78 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Rudra Prakash Mishra, J) Rajorshi/- U T