Prashant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53286 of 2025 Arising Out of PS. Case No.-45 Year-2024 Thana- Cyber P.S. District- Madhepura ====================================================== Prashant Kumar S/o Late Bhagat Yadav Resident of Village - Sukhasan, P.S. - Gwalpara, District - Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Pooja Prasad, Adv.
For the Opposite Party/s :
Mr. Navin Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-11-2025 Heard the parties.
2. The petitioner seeks bail in connection with Madhepura Cyber P.S. Case No. 45 of 2024 registered for the offence under Sections 303(2), 318(4) of BNS and 66(C), 66(D) of IT Act.
3. The petitioner is named in the F.I.R. and is in custody since 13.01.2025.
4. As per FIR petitioner after introducing himself to informant as Paytm worker obtained OTP whereafter Rs. 180205.72/- was debited from the account of the informant.
5. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.53286 of 2025(3) dt.17-11-2025 2/3 petitioner submitted that the present FIR, in issue, was lodged after one month i.e. on 06.08.2024 for the occurrence dated 04.07.2024. It is submitted that the withdrawal of amount was on several occasions which prima-facie not possible against single OTP. It is also pointed out that the allegation was raised by the informant after one month of alleged withdrawal, which also makes it doubtful. While concluding the argument, it is submitted that petitioner found involved in one more criminal case, subsequent to this out of police atrocities and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP opposes the prayer of bail.
7. In view of aforesaid factual submission and by taking note of fact as FIR, in issue, was lodged with delay of one month, coupled with fact that investigation of this case already completed, where petitioner remains in custody since 13.01.2025, accordingly petitioner above
Patna High Court CR. MISC. No.53286 of 2025(3) dt.17-11-2025 3/3 named, is directed to be released on bail in connection with Madhepura Cyber P.S. Case No. 45 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM Madhepura /concerned court, subject to the conditions as mentioned under Section 480(3) of BNSS.
(Chandra Shekhar Jha, J) Sudha/- U T