Bilohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32128 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- WARISLIGANJ District- Nawada ====================================================== Bilohit Kumar S/o- Sharvan Kumar Resident of Raikar, P.S.- Warisaliganj, District- Nawada,, A/P- Shanti Colony Ps- Sanganer Dist- Jaipur Rajasthan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar, Adv.

For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Warisaliganj P.S. Case No. 12 of 2025 instituted for the offence under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(B) & 66(D) of the I.T. Act.

3.

Prosecution case in short is that police received information about Cyber criminals gathered in village Vijaynagar to cheat people. A raid was conducted, during which three accused - Anmol Kumar, Vilohit Kumar (the petitioner), and Rajaram Kumar - were caught while others escaped. It is alleged that one mobile, two ATM Card and one Jio company

Patna High Court CR. MISC. No.32128 of 2025(2) dt.09-05-2025 2/3 SIM Card were redovered from the possession of the petitioner. Several other articles were also recovered from the other coaccused persons. The accused admitted that they cheat people by taking money as fake processing fees for loans and named their associates who managed to flee.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 05-01-2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that the petitioner is innocent and has been falsely 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 or from his house. Learned counsel submits that petitioner was not arrested from the spot. There is no concrete evidence or specific allegation linking the petitioner to the alleged Cyber fraud, and the FIR is based on vague suspicion without any credible material. Charge sheet is submitted in this case.

6. Learned counsel for the petitioner further submits that the co-accused has been granted bail by this Court vide order dated 22.04.2025 passed in Cr. Misc. No. 21129 of 2025.

Patna High Court CR. MISC. No.32128 of 2025(2) dt.09-05-2025 3/3 7.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 8.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, charge sheet being submitted, the petitioner having no criminal antecedent as also the prayer for bail being based on parity, this Court is inclined to grant bail to the petitioner.

9.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Warisaliganj P.S. Case No. 12 of 2025.

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