Mantu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23485 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- BELCHHI District- Patna ====================================================== Mantu Kumar S/o Dinesh Kumar @ Dinesh Raut R/o Village- Amawan, P.s.- Bind, Distt.- nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Avinash Raj, Adv For the Opposite Party/s :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Belchhi P.S. Case No. 01 of 2025 registered for the offences under Sections 318(4), 338, 336(3), 340(2), 339 and 61(2) of the Bharatiya Nyaya Sanhita & Section 66(c) of the Information Technology Act.
3. The petitioner is named in the F.I.R. and is in custody since 04.01.2025.
4. As per FIR petitioner along with other co-accused person found in possession of several ATM Cards, Aadhar Card, Nepali currency, debit card and different passbooks etc., where suspicion was raised by police that accused persons might have
Patna High Court CR. MISC. No.23485 of 2025(4) dt.08-09-2025 2/3 used these articles for cyber fraud.
5. Learned counsel appearing on behalf of the petitioner submitted that recovery of ATM Cards, Aadhar Card, passbook etc., not appears to be made from the conscious physical possession of this petitioner and moreover, witness of seizure list appears police personnel, which prima-facie suggests that petitioner was falsely implicated with the present case. It is further submitted that mere on the basis of suspicion petitioner was implicated as no private complaint for petitioner was ever raised by any person and moreover preparation for cheating is not an offence. While concluding the argument it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has already completed, and as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State, opposes the prayer for bail.
7. A report regarding stage of trial and criminal antecedent of petitioner was called for, which was made available to this Court through Letter No. 308 dated 29.08.2025 by learned Trial Court stating that till now only charge could framed against petitioner on 04.08.2025 and it is also reported that petitioner is a man of clean antecedent.
Patna High Court CR. MISC. No.23485 of 2025(4) dt.08-09-2025 3/3
8. In view of aforesaid factual submission and by taking note of fact as save and except suspicion against petitioner regarding apprehension of cheating unknown, nothing incriminating appears to suggest that in actual any cyber fraud was committed by petitioner, coupled with the fact as petitioner remains in custody since 04.01.2025 and moreover, trial of this case is not likely to conclude in the near future, accordingly above named petitioner, is directed to be released on bail in connection with Belchhi P.S. Case No. 01 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Barh, Patna/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S. (Chandra Shekhar Jha, J.) S.Tripathi/- U T