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Patna High CourtCR. MISC./38858/2025bail granted

Dhanu Kumar v. The State Of Bihar

2025-08-18Mr. Justice Chandra Shekhar Jha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38858 of 2025 Arising Out of PS. Case No.-18 Year-2025 Thana- Cyber P.S. District- Rohtas ====================================================== Dhanu Kumar Son of Moti Singh Resident of Village - Khusdihara, P.S.- Kargahar, District - Rohtas.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. The accused/petitioner seeks bail in connection with Rohtas Cyber P.S. Case No. 18 of 2025 registered for the offences under Sections 303(2), 319(2), 318(4) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.') and section 66(C), 66(D) of the I.T. Act, 2008.

3. The accused/petitioner is named in the First Information Report and is in custody since 07.03.2025.

4. Allegation against the petitioner is to receive amount of Rs. 16 Lakhs and 13 Lakhs in his two different bank accounts fraudulently by

2/4 cheating innocent people through online transaction.

5. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is an innocent person and during investigation, nothing transpired which may suggest that he put his electronic signature or password or any other unique identification features to induce the innocent persons to receive the amount fraudulently in his account.

6. It is submitted that petitioner himself is the victim of circumstances and completely unaware that how this much amount came to his account and, as such, for no fault, he remains in custody for more than six months. It is also submitted that there is no specific allegation against this petitioner and in fact the amount was received by the bank staff who deposited such huge amount in the bank account of the petitioner without his knowledge or permission.

7. While concluding argument, it is submitted that petitioner is a man of clean

3/4 antecedent and, moreover, investigation of this case is already completed, charge-sheet has already been submitted and as such, there is no chance of tampering with the evidence.

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

9. Considering the facts and circumstances as mentioned above and by taking note of the fact as prima facie accusation is founded against the petitioner on the basis of suspicion, as he is the recipient of money as discussed aforesaid, coupled with the fact that petitioner remains in custody since 07.03.2025, where investigation of this case is already completed, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Rohtas, in connection with Rohtas Cyber P.S. Case No. 18 of 2025, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short

4/4 "B.N.S.S.").

(Chandra Shekhar Jha, J) Rajeev/- U T