Anand Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51232 of 2025 Arising Out of PS. Case No.-27 Year-2025 Thana- Cyber P.S. District- Nawada ====================================================== Anand Kumar Mahto S/o Ram Avadh Mahto R/O Mahrajpur Nayatola, P.S.- Teljhari, Dist.- Sahebganj ... ... 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. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Cyber P.S. Case No. 27 of 2025 instituted for the offences under Sections 303(2), 318(4), 319(2) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that the informant's phone was stolen and the same was later used to fraudulently withdraw ₹4,33,246/- from his account.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of

Patna High Court CR. MISC. No.51232 of 2025(4) dt.12-11-2025 2/3 co-accused Aman Kumar but the same has no evidentiary value in the eye of law. Learned counsel further submitted that petitioner is ready to pay almost half of the amount in question, i.e. 2,17,000/- to the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.03.2025 and has no criminal antecedent.

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

6. Considering the aforesaid facts and circumstances of the case and since the petitioner is ready to pay Rs. 2,17,000/- to the informant as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Cyber P.S. Case No. 27 of 2025, subject to the following questions: (I) Petitioner shall return Rs. 2,17,000/- to the informant within three months after his release on bail. (II) One of the bailors shall be own/close member of the family of the petitioner.

(III) The petitioner shall appear on each and every

Patna High Court CR. MISC. No.51232 of 2025(4) dt.12-11-2025 3/3 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 petitioner.

(IV) In case the petitioner fails to return the aforesaid amount, i.e. Rs. 2,17,000/- to the informant within the aforesaid time framed, the Trial Court shall have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T