Swapnil Sharma @ Swapnil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38580 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- Cyber P.S. District- Begusarai ====================================================== Kundan Kumar @ Kundan Singh S/O Sri Krishnaveer Singh R/O VillageSadarajpur, Ward no. 5, PS- Cant Prayagraj, District- Prayagraj (UP). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 37358 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- Cyber P.S. District- Begusarai ====================================================== Abhimanyu Kumar S/O Late Ganesh Ray R/O Village- Birpur Tola Fazilpur, ward no. 07, PS- Birpur, district- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 38257 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- Cyber P.S. District- Begusarai ====================================================== Swapnil Sharma @ Swapnil S/o Shri Naresh Chandra Sharma @ Naresh Sharma R/o Village- Rani Mandi, Ward No- 41, Police Station- Antarsuyea ,District- Prayagraj, U ,P.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 39847 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- Cyber P.S. District- Begusarai ====================================================== Rajeev Ranjan @ Raja Son of Ram Vinay Rai R/o Birpur, Ward No.- 05, P.S.- Birpur, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 40589 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- Cyber P.S. District- Begusarai ======================================================
2/6 Keshav Kumar @ Keshab Kumar @ Keshaw Kr S/O Nand Lal Kumar @ Nand Lal Sah @Nand Lal Sahu Resident of Village- Mahmadpur, Ward No38, P.S -town, District Begusarai ... ... Petitioner/s
Versus
The state of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 47086 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- Cyber P.S. District- Begusarai ====================================================== Suryakant Ojha @ Suraj Ojha S/o Late Uday Narayan Jha R/o vill - Simariya, ward no. 5, P.S. - Shahpur, Distt.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 38580 of 2025) For the Petitioner/s :
Mr. Ajay Thakur, Advocate Mrs. Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the Opposite Party/s :
Mr. Dr.Mrityunjaya Kr.Gautam, APP (In CRIMINAL MISCELLANEOUS No. 37358 of 2025) For the Petitioner/s :
Mr. Bipin Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 38257 of 2025) For the Petitioner/s :
Mr. Sanjeet Kumar, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP (In CRIMINAL MISCELLANEOUS No. 39847 of 2025) For the Petitioner/s :
Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s :
Mr. Anita Kumari, APP (In CRIMINAL MISCELLANEOUS No. 40589 of 2025) For the Petitioner/s :
Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 47086 of 2025) For the Petitioner/s :
Mr. Om Prakash Kumar, Advocate For the Opposite Party/s :
Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-09-2025 Heard learned counsel for the petitioners and learned APP for the State. Perused the case diary.
2.
The petitioners seek bail in connection with Begusarai Cyber P.S. Case No. 12 of 2025 instituted for the
3/6 offence under Sections 316(2), 318(4), 319(2), 338 & 111(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(c) & 66(d) of the Information Technology Act.
3.
The prosecution case in brief is that on 30.03.2025, police received confidential information about cyber criminals quarreling over money near Koria Chowk, Begusarai. On reaching the spot with police force, six persons-Kundan Kumar, Swapnil Sharma, Keshav Kumar, Rajiv Ranjan @ Raja, Suraj Ojha, and Abhimanyu Kumar-were apprehended while fleeing from a white Verito car (UP70CM6093). A large number of incriminating articles were recovered from their possession and the vehicle. During interrogation, Kundan Kumar disclosed that he, along with one Golu Kumar, was running a cyber syndicate that cheated people and distributed money through various accounts. Investigation revealed that the disclosed accounts were linked to cyber fraud complaints from Delhi, Chhattisgarh, and Tamil Nadu involving about Rs. 1.5 crore. Hence, the accused were found to be operating a cyber gang involved in cheating, leading to legal action. 4.
It has been submitted on behalf of the petitioners that the petitioners, namely, Kundan Kumar and Swapnil Sharma are in custody since 30-03-2025, whereas rest of the
4/6 petitioners are in custody since 31-03-2025. Petitioner, namely, Abhimanyu Kumar bears two criminal antecedents; petitioner, namely, Rajeev Ranjan bears one criminal antecedent; and petitioner, namely, Suryakant Ojha bears one criminal antecedent, whereas rest of the petitioners are stated to be men of clean antecedent, as per disclosure made in paragraph No. 3 of the respective bail applications.
5.
It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. Learned counsel for the petitioners submits that neither from the mobile phone of the petitioner, namely, Kundan Kumar nor from the account of the petitioner, namely, Kundan Kumar any illegal transaction was found. It is next submitted that from the possession of the petitioner - Kundan Kumar - ATM Card, PAN Card, Aadhaar Car and mobile phone were recovered and most of which belongs to the him, except few ATM Cards, which have been wrongly shown. So far as recovery of mobile phone from the possession of the petitioner, namely, Abhimanyu Kumar is concerned, the same belongs to him. Save and except petitioner - Abhimanyu Kumar has no concern with other articles. So far as recovery of Aadhaar Card, PAN Card, mobile phone 4 ATM Cards made from petitioner -
5/6 Swapnil Sharma is concerned, it is submitted that all articles belong to the petitioner except one of the ATM Cards, which is in the name of his friend for which no prior complaint is made. So far as recovery of Aadhaar Card, Voter ID Card, PAN Card, Driving licence, mobile phone, 2 ATM Cards, Print Media Report, Job Card of Income Tax made from petitioner - Rajeev Ranjan @ Raja is concerned, it is submitted that all articles belong to the petitioner except two of the ATM Cards, which is allegedly planted by the police party. So far as recovery of mobile phone, 4 ATM Cards and two SIMs made from petitioner - Keshav Kumar is concerned, it is submitted that the same is planted by the police party.
So far as recovery of two mobile phones and 2 ATM Cards made from petitioner - Suryakant Ojha is concerned, it is submitted that the same is planted by the police party. Lastly, learned counsel for the petitioners submits that no irregularity was found by the police. It is submitted that no money transaction is brought on record during the entire investigation to rope the petitioners in the alleged offence of cyber crime. Police upon completion of investigation has submitted charge sheet in this case. 6.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. Other
6/6 witnesses have supported the prosecution case. 7.
Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners, there being no cogent material in the case diary against the petitioners and charge sheet being submitted, this Court is inclined to grant bail to the petitioners.
8.
Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteeen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Begusarai Cyber P.S. Case No. 12 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners.
(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.
(Rudra Prakash Mishra, J) Raj Kishore/- U T