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Patna High CourtCR. MISC./24417/2025bail granted

Lalmani Kumar v. The State Of Bihar

2025-07-17Mr. Justice Sourendra Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24417 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- Cyber P.S. District- Nawada ====================================================== Lalmani Kumar S/o Azad Singh R/o - Mahrath, P.S - Shahpur, District - Nawadah ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 27351 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- Cyber P.S. District- Nawada ====================================================== Mukesh Kumar S/o Surendra Singh @ Sulan Singh R/o Village- Mahrath, P.S.- Shahpur, District- Nawada ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 24417 of 2025) For the Petitioner/s :

Mr. Arun Kumar, Adv For the Opposite Party/s :

Mrs. Pushpa Sinha, APP (In CRIMINAL MISCELLANEOUS No. 27351 of 2025) For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra, Adv For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 17-07-2025 Heard learned Counsel for the petitioners and learned A.P.P for the State.

2. Both applications are arising from the same P.S Case i.e. Cyber P.S. Case No. 11 of 2025, hence, they are being heard together and are being decided by a common order.

3. The petitioners seek regular bail in a case registered for the offences punishable under Sections 303(2) AND 318(4) of the B.N.S. Act and Sections 66 & 66(D) of the I.T. Act.

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4. As per the prosecution case, on secret information, the police conducted raid and on seeing the police, some persons tried to flee, however, they were chased and apprehended who disclosed their names in which the petitioners were also named. It is further alleged that on search, mobile phones and data sheets were recovered from the possession of the apprehended persons. It is further alleged that from the seized mobile phones, its gallery/whats app chat, flip card data sheets and logo were seen which would suggest that the apprehended persons were involved in cyber crime.

5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioners. Learned counsel further submits that only mobile phones have been recovered from the possession of the petitioners. Learned counsel further submits that similarly situated co-accused persons, namely, Raushan Kumar and Bittu Kumar have already been granted bail by this Court vide order dated 17.06.2025 passed in Cr. Misc. No. 29532 of 2025 and Cr. Misc. No. 30053 of 2025 respectively. It is lastly submitted that the petitioner, Lalamani Kumar has clean

3/4 antecedent whereas the petitioner Mukesh Kumar has one criminal antecedent and both are in custody since 18.01.2025.

6. Learned APP for the State has vehemently opposed the prayer for bail and submits that the petitioners are found to be involved in cyber crime.

7. Considering the aforesaid submissions of the parties and also taking into account the fact that similarly situated co-accused persons have already been granted bail by this Court as well as period of custody, let the petitioners abovenamed, be enlarged 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 learned Court concerned, Nawada, in connection with Cyber P.S. Case No. 11 of 2025, subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioners will be liable to be canceled by the Court concerned.

(iv) If the petitioners are found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of their bail bonds.

(v) The learned Court below shall verify

4/4 the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of the same or in the name of verification.

8. The applications stand allowed.

(Sourendra Pandey, J) Jyoti/- U T