Patna High CourtCR. MISC./29532/2025bail granted

Raushan Kumar @ Hemant Kumar v. The State Of Bihar

2025-06-17Mr. Justice Sourendra Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29532 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- Cyber P.S. District- Nawada ====================================================== Raushan Kumar @ Hemant Kumar S/o Dinesh Singh R/o Vill - Maharath, P.S - Shahpur, District - Nawadah ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 30053 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- Cyber P.S. District- Nawada ====================================================== Bittu Kumar S/o Damodar Singh R/o Village- Maharath, P.O.- Maharath, P.S.- Shahpur, District- Nawada, Bihar- 805108 ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 29532 of 2025) For the Petitioner/s :

Mr.Arun Kumar, Advocate For the State :

Ms.Pushpa Sinha, APP (In CRIMINAL MISCELLANEOUS No. 30053 of 2025) For the Petitioner/s :

Mr.Kumar Gaurav, Advocate For the State :

Ms.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 17-06-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners seek bail in connection with Cyber P.S. Case No. 11/2025 registered for the offences under Section 303(2), 318(4) of B.N.S.and Sections 66, 66(D) of I.T. Act.

3. As per the prosecution case, on receipt of

2/4 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.

4. Learned counsel for the petitioners submits that petitioners are innocent and no incriminating article has been recovered from their conscious possession. Learned counsel further submits that only mobile phones have been recovered from their possession. Learned counsel further submits that similarly situated co-accused namely Sishu Kumar @ Golu has been granted bail by a Co-ordinate Bench of this Court vide order dated 22.05.2025 passed in Cr. Misc. No. 32988/2025. It is lastly submitted that the petitioners have clean antecedent and are in custody since 18.01.2025.

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

3/4

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody and also considering the fact that similarly situated co-accused namely Sishu Kumar @ Golu has been granted bail by a Coordinate Bench of this Court vide order dated 22.05.2025 passed in Cr. Misc. No. 32988/2025, let the petitioners above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) on each of them with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Nawada in connection with Cyber Police Station Case No. 11/2025 subject to the conditions :- a. One of the bailors of the petitioners shall be their close relative.

b. The petitioners shall remain physically present in Court on each date of the trial.

c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to the cancelled by the court concerned.

d. The Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have

4/4 concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the aforementioned order shall not be delayed for purpose of or in the name of verification.

(Sourendra Pandey, J) tusharika/- U T