Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54912 of 2025 Arising Out of PS. Case No.-82 Year-2025 Thana- Cyber P.S. District- Nawada ====================================================== 1.

Nitish Kumar S/O Sanjay Prasad Yadav@ sanjay yadav R/O Vill - Chakwai, P.S- Warisaliganj, Distt.- Nawada.

2.

Anuj Kumar S/O Anil Prasad Yadav R/O Village- Ohari, P.S- Kadirganj, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Advocate Mr. Birendra Kumar, Advocate Mr. Kumud Kishore, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2025 Heard learned counsel for the petitioners and learned APP for the State. Perused the case diary.

2.

The petitioners seek bail in connection with Nawada Cyber P.S. Case No. 82 of 2025 instituted for the offence under Sections 303(2), 318(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2), 111 & 61(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in a nutshell is that on the basis of information from the Cyber Police portal, a raid was conducted at Kanhai Nagar, Nawada, where petitioners were found with multiple mobile phones, documents, Rs. 22,200/- cash, and a

Patna High Court CR. MISC. No.54912 of 2025(3) dt.12-11-2025 2/3 motorcycle. During interrogation, they confessed that they run a cyber fraud operation involving 15-20 people under the guise of finance companies like Reliance and Bajaj Finance. 4.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 06.06.2025. Petitioner No.1 bears one criminal antecedent, whereas petitioner No.2 bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. From perusal of the FIR, it would manifest that except confessional statement of the petitioners, there is no specific material recovered from the petitioners' possession. Learned counsel for the petitioner submits that no transaction is found during investigation which is linked to any kind of cyber fraud. Charge sheet has already been submitted in this case. 6.

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

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners and charge sheet being submitted, this Court is inclined to grant bail to the petitioners.

Patna High Court CR. MISC. No.54912 of 2025(3) dt.12-11-2025 3/3 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 Nawada Cyber P.S. Case No. 82 of 2025.

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