Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49354 of 2025 Arising Out of PS. Case No.-60 Year-2023 Thana- Cyber P.S. District- Nawada ====================================================== Gautam Kumar, Son of Arvind Vishwakarma @ Arvind Mistri, Resident of village- Balwapar, P.S.. -Warisaliganj, District -Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-08-2025 Heard Mr. Pramod Kumar Verma, learned counsel for the petitioner and Mr. Mithlesh Kumar Khare, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Cyber P.S. Case No. 60 of 2023 instituted for the offence under Section 414, 419, 420, 467, 468, 471, 120B of the I.P.C. and Sections 66, 66(B), 66 (C) and 66(D) of the I.T Act.

3. The case of the prosecution is that altogether 14 persons were apprehended who were indulged in cheating the common persons through cyber fraud.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.49354 of 2025(3) dt.06-08-2025 2/2 case. His name is not there in the F.I.R. His name has surfaced in the statement of co-accused Mantu Kumar. It has also been submitted that nothing has been recovered from his possession. It has also been submitted that petitioner is having criminal antecedent of one case in which he is on bail. There is no direct allegation against the petitioner.

5. Learned APP appearing for the State has vehemently opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Cyber P.S. Case No. 60 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Nawada, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Ashok Kumar Pandey, J) lata/- U T