Patna High CourtCR. MISC./28125/2025bail granted

Gulshan Kumar v. The State Of Bihar

2025-05-13Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28125 of 2025 Arising Out of PS. Case No.-10 Year-2025 Thana- Cyber P.S. District- Lakhisarai ====================================================== Gulshan Kumar S/o Uday Singh R/o village - Khalilchak, P.S. - Barbigha, Dist. - Shekhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Davendra Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Lakhisarai Cyber P.S. Case No. 10 of 2025, instituted for the offences punishable under Sections 318(4), 319(2) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 66(C) and 66(D) of the I.T. Act.

3. The prosecution case, in short, is that, police received a complaint that people were being cheated through a mobile number linked to fake Reliance Finance loan offers. Tracking the number led them to the petitioner including coaccused, namely, Rahul Kumar who were caught with multiple mobile phones and SIM cards. It is further alleged that the accused persons took money as processing fees.

Patna High Court CR. MISC. No.28125 of 2025(2) dt.13-05-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the allegation levelled against the petitioner is general and omnibus in nature. No specific allegation has been attributed against the petitioner. It is next submitted that the connecting mobile has been recovered from the conscious possession of co-accused, namely, Rahul Kumar. It is further submitted that the mobile phone which has been recovered from the possession of the petitioner belongs to him. The petitioner is in custody since 25.02.2025 and has got no criminal antecedent.

5. Learned APP 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 and taking into account 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.28125 of 2025(2) dt.13-05-2025 3/3 below/concerned Court in connection with Lakhisarai Cyber P.S. Case No. 10 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T