Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40083 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- Cyber P.S. District- Jamui ====================================================== Nitish Kumar S/O Nirmal Das R/O Village-Chaufala, PSChandramandi,Distt- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Jamui Cyber P.S. Case No. 08 of 2025 instituted for the offence under Sections 318(2), 318(4), 319(2), 336(3), 61(2), 238 & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 66 (D) of the IT Act.

3.

The prosecution case in short is that acting on a complaint of fraud of Rs. 2999/- involving mobile number 9748362291, police conducted raid and apprehended petitioner while others fled. A mobile bearing No. 8603245922 and

Patna High Court CR. MISC. No.40083 of 2025(2) dt.02-07-2025 2/3 another SIM linked to the fraud was recovered along with additional devices used for cybercrime.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07-04-2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that petitioner is student and preparing for competitive examination. It is next submitted that petitioner has no concern with any mobile which is allegedly recovered by the prosecution. Learned counsel for the petitioner submits that alleged mobile number in the FIR is not in the name of the petitioner.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and nature of accusation, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.40083 of 2025(2) dt.02-07-2025 3/3 Court below/concerned Court in connection with Jamui Cyber P.S. Case No. 08 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T