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Patna High CourtCR. MISC./34793/2026allowed

Milan Kumar v. The State Of Bihar

2026-07-27Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34793 of 2026 Arising Out of PS. Case No.-400 Year-2025 Thana- WARISLIGANJ District- Nawada ====================================================== Milan Kumar S/O Akhilesh Mistry @ Akhlesh Mistri Resident Of VillageSour Chandipur, P.s- Warisaliganj, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 27-07-2026 Heard Mr. Sheo Kumar Prasad, learned Advocate for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Warisaliganj P.S. Case No. 400 of 2025, registered for the offenses punishable under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2), 111(4), 3(5) of the B.N.S. and 66(B), 66(d) of the I.T. Act.

3. The police on tip off regarding assemblage of some person, who were engaged in cyber fraud, conducted raid and apprehended four persons, however, seven persons were succeeded in fleeing away. In course of search, some mobile phones and datas have been collected.

4. Learned Advocate for the petitioner submits that save and except the disclosure made by the apprehended

Patna High Court CR. MISC. No.34793 of 2026(3) dt.27-07-2026 2/3 persons, no materials have been collected, which suggests the complicity of the petitioner in crime. Neither there is any person, who made a complaint that he or she subjected to any fraud at the hands of the petitioner and others nor any incriminating material has been recovered from the whereabout of the petitioner. The co-accused person facing identical allegation has been allowed the privilege of anticipatory bail by a Coordinate Bench of this Court in Cr. Misc. No. 70652 of 2025 vide order dated 11.02.2026. The petitioner is man of clean antecedent.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application.

6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the nature of allegation, coupled with the fact that nothing has been surfaced in the course of investigation, besides fair antecedent of the petitioner, and his case stands on parity with that of the co-accused person, who has been granted anticipatory bail, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.34793 of 2026(3) dt.27-07-2026 3/3 (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV, Nawada in connection with Warisaliganj P.S. Case No. 400 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) siddharth/- U T