Rajan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28069 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- BARAULI District- Gopalganj ====================================================== Rajan Kumar S/O Late Raju Sah Village Sidhwaliya, PS- Mohammadpur, District- Gopalganj. At Present R/O Vill.- Gulam Hussain Tola, P.S.- Manjhagarh, Dist.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lokesh Kumar Singh, Adv.
For the Opposite Party/s :
Ms.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Barauli P.S. Case No. 01 of 2025 instituted for the offences under Sections 319(2), 318(4), 317(5) of the B.N.S., 2023 and Section 66 (i)(ii) of the Information Technology Act, 2000.
3. As per prosecution case, the accusation against the accused persons including the petitioner is of being involved in Cyber Crime. The police has recovered one ATM card without name and one Android mobile from the possession of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.28069 of 2025(2) dt.12-05-2025 2/3 against him and has falsely been implicated in the present case merely on the basis of suspicion. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner except mobile which belongs to him. The petitioner has no concern with the alleged occurrence or the seized articles. The name of the petitioner has surfaced in this case on the basis of the disclosures made by the apprehended persons. The petitioner has no concern with the other co-accused persons. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 07.01.2025 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. The petitioner has confessed his guilt of being involved in the Cyber crime. He further submits that the prayer for bail of the coaccused namely Bullet Kumar has already been rejected by a Co-ordinate Bench of this Court vide order dated 30.04.2025 passed in Cr. Misc. No. 23906 of 2025.
6. Having heard rival contention of both the parties
Patna High Court CR. MISC. No.28069 of 2025(2) dt.12-05-2025 3/3 and taking into account the nature and gravity of the offence, this Court is not inclined to grant bail to the petitioner.
7. Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below to expedite the trial and conclude the same expeditiously (Rudra Prakash Mishra, J) rishi/- U T