Vinayak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34617 of 2025 Arising Out of PS. Case No.-2278 Year-2024 Thana- Cyber P.S. District- Patna ====================================================== Vinayak Kumar S/o Vidya Shankar Jha Resident of Village- Kumbhi, P.S.- Warisaliganj, Distt.- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vibhuti Ranjan Sonvadra,Adv.
For the Opposite Party/s :
Mr.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-06-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.
2. The present Criminal Miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "the BNSS") for seeking regular bail in connection with Patna Cyber P.S. Case No.2278 of 2024 lodged on 01.12.2024 under Sections 112(2), 318(4), 319(2), 336(2) 61(2)(6) of the BNS read with Sections 66C and 66D of the I.T. Act.
3. As per the prosecution, the FIR has been lodged against four named accused persons including the petitioner with allegation that the police after receiving complaint has identified the social media link, mobile number by which cyber fraud has been committed. Police has reached at the place where
Patna High Court CR. MISC. No.34617 of 2025(2) dt.04-06-2025 2/3 location of mobile has been identified and petitioner has been caught red handed by the cyber officials.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner has been falsely implicated in the present case. He further submits that petitioner was unaware about the fact that his mobile has been used for the purpose of commission of crime.
5. Learned Counsel further submits that petitioner is in custody since 02.12.2024 having clean antecedent. He further submits that petitioner is basically not accused rather he is only intermediate of this case.
6. Counsel further submits that the petitioner is aware that Sections 66C and 66D of the I.T. Act has been added in this case and he has offered to deposit Rs.50,000/- of the cost subject to the trial.
7. Learned counsel for the State opposes the prayer for bail and submits that there is direct involvement of the petitioner in this case.
8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, subject to payment of Rs.50,000/-
Patna High Court CR. MISC. No.34617 of 2025(2) dt.04-06-2025 3/3 which shall be deposited before the trial court, subject to result of trial, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of Judicial Magistrate-1st Class, Court No.3, Patna in connection with Patna Cyber P.S. Case No.2278 of 2024, subject to the following conditions as laid down under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the following condition:- (i) the petitioner shall appear before the concerned police station every month for one year to mark attendance. (Dr. Anshuman, J.) Prakashmani/- U T