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Patna High CourtCR. MISC./25746/2025bail granted

Chhotu Kumar v. The State Of Bihar

2025-04-25Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25746 of 2025 Arising Out of PS. Case No.-81 Year-2024 Thana- Cyber P.S. District- Nawada ====================================================== Chhotu Kumar Son of Preman Choudhary Resident of village - Bhariya, P.S.- Warisaliganj, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate :

Ms. Vaishnavi Singh, Advocate :

Mr. Ritwik Thakur, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Cyber P.S. Case No. 81 of 2024, instituted for the offences under Sections 303(2), 318(2), 318(4), 338, 319(2), 336(2), 336(3), 340(2), 61(2) of the BNS and Sections 66, 66(B), 66(C), 66(d) of the Information Technology Act.

3. Prosecution case, in short, is that, on secret information, the police conducted raid in the villages Fataha and Bhediya. When the police reached village Bhediya, seeing the police party, the petitioner along with other accused persons

Patna High Court CR. MISC. No.25746 of 2025(2) dt.25-04-2025 2/3 tried to flee away from the spot but the petitioner and one Ajit Kumar were apprehended by the police. It is further alleged that one mobile phone along with five page data sheet has been recovered from the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.12.2024 and has no criminal antecedent. The co-accused person has already been granted bail by this Court vide order dated 16.04.2025 passed in Cr. Misc. No. 20678 of 2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.25746 of 2025(2) dt.25-04-2025 3/3 below/concerned Court in connection with Cyber P.S. Case No. 81 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T