Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27856 of 2025 Arising Out of PS. Case No.-10 Year-2025 Thana- WARISLIGANJ District- Nawada ====================================================== Suraj Kumar, S/o- Karu Tanti, R/O Village- Mir Bigha, P.S. - Warisaliganj, Dist- Nawada ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Deepak Kumar, Advocate For the Opposite Party :
Mr. Uday Chand Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Warisliganj P.S. Case No. 10 of 2025 dated 03.01.2025 registered for the offences punishable under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2) read with Section 3(5) of the B.N.S., 2023 and Sections 66B and 66D of the I.T. Act.
3. As per the prosecution case, police conducted a raid and apprehended five accused persons including the petitioner and on search, two mobile phones were recovered from the possession of the petitioner and mobile phones were also recovered from other co-accused persons. It is further alleged that after verification of their phones, police found that the
Patna High Court CR. MISC. No.27856 of 2025(2) dt.10-07-2025 2/3 accused persons were indulged in Cyber crime.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that no incriminating article has been recovered from the possession of the petitioner. It is not correct to say that two mobile phones were recovered from the possession of the petitioner rather only one mobile phone was recovered from the possession of the petitioner which was purchased by the brother of the petitioner in the name of the mother of the petitioner. It is further submitted that no cyber fraud was committed from the said recovered mobile. There is no statutory compliance under Section 103 of the B.N.S.S., 2023. The other co-accused, person, namely, Gulshan Kumar, has already been granted bail by a Bench of this Court in Cr. Misc. Nos. 20658 of 2025 vide order dated 16.04.2025. The petitioner has one criminal antecedent in which he is on bail as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 04.01.2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well the period of custody, let the above named
Patna High Court CR. MISC. No.27856 of 2025(2) dt.10-07-2025 3/3 petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Nawada in connection with Warisaliganj P.S. Case No. 10 of 2025 with further condition:- I. The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T