Patna High CourtCR. MISC./33077/2025bail granted

Deepak Kumar v. The State Of Bihar

2025-05-27Justice Smt. Soni Shrivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33077 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- Cyber P.S. District- Lakhisarai ====================================================== Deepak Kumar S/o Baliram Mahto R/o Vill.- Nokadih, P.S.- Ari Ary Kasar, Distt.- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Priya Ranjan, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-05-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. A prayer for bail has been made on behalf of the petitioner in connection with Cyber P.S. Case no.11 of 2025 registered under sections 318(4) and 319(4) of B.N.S, 2023 and Sections 66(c) and 66(d) of the I.T. Act.

3. The allegation in the F.I.R is there were multiple complaints with regard to one mobile phone of cyber fraud. The raiding team apprehended two accused persons Raja Kumar and Deepak Kumar (petitioner). On search, the said mobile phone was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that a false recovery of the mobile phone has been shown from the petitioner and this is substantiated by the fact that there is no

Patna High Court CR. MISC. No.33077 of 2025(2) dt.27-05-2025 2/2 independent witness to the seizure list and hence, mandatory provisions of search and seizure have been violated. The house from which the mobile was seized and the persons were arrested is of one Dharmendra Kumar. Learned counsel for the petitioner further submits that the petitioner has no criminal antecedent and he is in custody since 28.02.2025. Charge-sheet has been submitted in the case on 31.03.2025.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Taking into consideration the above mentioned facts of the case, the petitioner is directed to be enlarged on bail in connection with Cyber P.S. Case no.11 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M, Lakhisarai/Successor Court.

(Soni Shrivastava, J) Harsh/- U T