Kaushal Kumar Das @ Kaushal Keshore Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52797 of 2025 Arising Out of PS. Case No.-39 Year-2024 Thana- Cyber P.S. District- Khagaria ====================================================== Kaushal Kumar Das @ Kaushal Keshore Das Sanjay Kumar Das R/o Vill.- Nakti, PS- Muffasil, District- Dumka, Jharkhand- 814101 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Shabbir Asghar, S/o Md. Hasan Ansari, R/o village- Gogri, Ward No.- 12, P.O. and P.S. - Gogri, District- Khagari, Pin- 851202 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aditya Vikram, Adv.

Ms. Snigdha, Adv.

For the Opposite Party/s :

Mr. Satyendra Prasad, Adv.

For the Informant :

Mr. SMI Quli, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-11-2025 Heard the parties.

2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Cyber P.S. Case No. 39 of 2024 registered for the offences punishable under Sections 319(2), 318(4), 303(2) of BNS and 66(D) of IT Act.

3. As per FIR, the informant was cheated by unknown persons through illegal bank transactions.

4. It is submitted by learned counsel appearing on behalf of the petitioner that account of petitioner was

Patna High Court CR. MISC. No.52797 of 2025(4) dt.18-11-2025 2/3 credited with Rs. 45,000/-, and he himself is not aware that how his account was credited and therefore as a bona-fide customer he approached the bank authority and asked it to refund it to the concerned person from whose account amount was debited. Subsequently as bank account of the petitioner found involved, this petitioner was implicated.

5. Arguing further it is submitted that the petitioner is ready to pay Rs. 45,000/- which he received to his bank account to informant at the time of furnishing bail bond. While concluding arguments, it is submitted that above named petitioner is a man of clean antecedent and on all material aspect the investigation of this case appears concluded.

6. Learned counsel for the informant submitted that if petitioner is ready to pay Rs. 45,000/- he has no objection to this prayer of bail.

7. In view of aforesaid factual submission and by taking note of fact as the petitioner is ready to pay Rs.

Patna High Court CR. MISC. No.52797 of 2025(4) dt.18-11-2025 3/3 45,000/- which he received out of alleged cyber fraud to informant, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Khagaria /concerned Court, where the case is pending in connection with Cyber P.S. Case No. 39 of 2024, subject to the conditions as laid down under Section 482(2) of BNSS, subject to condition:- (I) Petitioner shall pay Rs. 45,000/- to informant by way of bank draft at the time of furnishing his bail bond before learned trial court itself. (Chandra Shekhar Jha, J) Sudha/- U T