Tinku Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32157 of 2026 Arising Out of PS. Case No.-43 Year-2026 Thana- GRIYAK District- Nalanda ====================================================== Tinku Kumar S/o Bhagawan Prasad R/o Village- Jawaharchak, P.SKatrisarai, Dist- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudish Kumar, Advocate For the Opposite Party/s :
Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-05-2026 Heard Mr.Sudish Kumar, learned counsel for the petitioner and Mr.Abhay Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 22.01.2026 in connection with Giriyak P.S. Case No. 43 of 2026, F.I.R. dated 21.01.2026 registered for the offence punishable under Sections 316(2), 318(4), 319(2), 336(3), 338, 340(2), 61(2), 3(5) of BNS and 66(C), 66(D) I.T. Act.
3. As per the prosecution case, the informant, alongwith police party, reached at the place of occurrence, wherein the informant found some persons seated there and, whereas probably engaged in cyber fraud, the persons sitting there started fleeing away, while the petitioner alongwith coaccused persons were arrested at the spot. They were searched and from the possession of the petitioner one screen touch
Patna High Court CR. MISC. No.32157 of 2026(2) dt.12-05-2026 2/3 mobile was recovered and from other co-accused persons different mobiles and other articles was recovered.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR and petitioner has been made accused in the present case merely on the basis of suspicion and except the suspicion, nothing has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and coaccused persons, namely, Kundan Kumar, Vikash Kumar and Ranvir Kumar have been granted bail by a Coordinate Bench of this Hon'ble Court vide order dated 04.05.2026 passed in Cr. Misc. No.18441 of 2026, and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 22.01.2026.
5. Learned APP for the State has opposed the prayer for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.32157 of 2026(2) dt.12-05-2026 3/3 C.J.M, Nalanda at Biharsharif in connection with Giriyak P.S. Case No. 43 of 2026,with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T