Patna High CourtCR. MISC./28639/2025dismissed

Param Kumar v. The State Of Bihar

2025-08-01Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28639 of 2025 Arising Out of PS. Case No.-33 Year-2024 Thana- Cyber P.S. District- Saharsa ====================================================== Param Kumar S/o- Santosh Kumar Resident of Village- Bengaha ward No 4/10 PS-Saharsa, Dist- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Balkrishna Mishra For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-08-2025 Heard the learned counsel for the petitioner and the learned APP for the State.

2. This is the 2nd attempt of the petitioner. Earlier the bail application of the petitioner was rejected vide order dated 21.08.2024 passed in Cr. Misc. No. 58317 of 2024.

3. The petitioner seeks regular bail in a case registered for the offence under Sections 406, 419, 420, 465, 467, 468, 471 and 120B of the Indian Penal Code, under Sections 66, 66© and 66(D) of the IT Act and Section 3⁄4 of the Public Gambling Act.

4. The following order was passed on 21.08.2024 in Cr. Misc. No. 58317 of 2024:- Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Saharsa Cyber P.S. Case No. 33 of 2024 registered for the offence punishable under Sections 406, 419, 420,

Patna High Court CR. MISC. No.28639 of 2025(3) dt.01-08-2025 2/3 465, 467, 468, 471 and 120(B) of the Indian Penal Code; Sections 66, 66© and 66(D) of the IT Act and Section 3/4 of the Gambling Act.

3. The petitioner and other criminals are alleged to have been involved in a cyber crime. During search different ATM cards and cheque books etc. have been recovered from them. The accused persons are members of cyber fraud gang. The petitioner is in jail since 13.05.2024.

4. Learned A.P.P. has vehemently opposed the prayer for bail and has submitted that sufficient material has come during investigation to connect the petitioner with the crime.

5. Considering the fact that petitioner is involved in cyber crime, I am not inclined to grant bail to the petitioner.

6. This application for regular bail is dismissed.

5. The learned counsel for the petitioner submits that though the petitioner is in custody since 13.05.2024 but in the trial, out of 8 witnesses, only 2 witnesses have been examined till date.

6. Considering the gravity of the offence and the law laid down by the Hon'ble Supreme Court in the case of X Vs. State of Rajasthan and Anr., 2024 SCC OnLine SC 3539, I am not inclined to grant regular bail to the petitioner. Accordingly, this application for regular bail is hereby dismissed.

7. However, the Superintendent of Police, Saharsa is directed to ensure the attendance of the witnesses in the Trial on the dates fixed and the Trial Judge is also directed to expedite the trial. He will not grant unnecessary adjournment to the

Patna High Court CR. MISC. No.28639 of 2025(3) dt.01-08-2025 3/3 prosecution.

8. Let a copy of this order be communicated to the Principal District & Sessions Judge, Saharsa & the Superintendent of Police, Saharsa through FAX for its compliance forthwith.

(Sandeep Kumar, J) Shishir/- U