Sandip Kumar @ Sandeep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25457 of 2025 Arising Out of PS. Case No.-33 Year-2024 Thana- Cyber P.S. District- Jamui ====================================================== 1.
Sandip Kumar @ Sandeep Kumar S/O Mr. Phuldeo Yadav @ Fuldev Yadav R/O Vill.- Rampur Baluwa, P.S.- Kauakol, Dist.- Nawada. 2.
Shiv Kumar S/O Mr. Suddi Mandal R/O Vill.- Ranhan, P.S.- Sikandra, Dist.- Jamui ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Adv.
Mrs. Vaishnavi Singh, Adv.
For the State :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 29-05-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners seek bail in a case registered for the offence punishable under Sections 318(2), 318(4), 319(2), 336(2), 336(3), 340(2), 61(2), 3(5) of the B.N.S.
3. The allegation in the First Information Report is that a complaint was received with regard to a Mobile No. 9007927844 with regard to cyber fraud and the police, on the basis of tower location, reached the house of one Usha Devi who disclosed that the number belongs to her tenants. The police then went to the flat of the tenants and apprehended two persons namely, Sandip Kumar and Shiv Kumar, who are the present petitioners while one person Chotu Mandal managed to
Patna High Court CR. MISC. No.25457 of 2025(3) dt.29-05-2025 2/3 flee away. On search of the room, six mobile phones, seven pages of some documents and two keyboards were recovered.
4. Learned counsel for the petitioners submits that there is no specific allegation on the petitioners of having committed any fraud rather the police had reached the petitioners only on the basis of a general complaint of the phone number on the basis of tower location. It is further submitted that the recovery, which was made from the room, are of articles which are of general use. Further, the alleged statement made by the petitioners before the police would have no evidentiary value. The petitioner no. 2 has no antecedent and the petitioner no. 1 has one criminal antecedent but the same is also not of similar nature. Further, there is no complaint on record of any individual persons against the present petitioners. The petitioners are in custody since 22.12.2024.
5. Learned APP for the State has opposed the application for bail.
6. Taking into consideration that the petitioners who are students of B.Sc (Hons) and the charge-sheet has already been submitted, let the above named petitioners, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to
Patna High Court CR. MISC. No.25457 of 2025(3) dt.29-05-2025 3/3 the satisfaction of the learned court below where the case is pending/successor court in connection with Jamui Cyber P.S. Case No. 33 of 2024.
(Soni Shrivastava, J) devendra/- U T