Mithu Choudhary @ Mithu Kumar v. The State Of Bihar

-IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58130 of 2025 Arising Out of PS. Case No.-55 Year-2025 Thana- Cyber P.S. District- Nalanda ====================================================== Mithu Choudhary @ Mithu Kumar S/O Sanjay Choudhary R/o- Jalalpur, P.S. Marachi, Distt. -Patna. at present R/o Maksudpur, PS- Asthawan, Distt.- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-10-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Nalanda Cyber P.S. Case No. 55/2025, registered for the offence under Sections 316(2), 318(4), 319(2), 336(3), 338, 340(2) 61(2) of BNS and Sections 66, 66(C), 66(D) of the I.T. Act.

3. The accused/petitioner is named in the F.I.R. and is in custody since 23.05.2025.

4. The allegation against the petitioner is to cheat innocent persons alongwith co-accused persons on pretext of commission against sex. All such persons, who were male asked to first registered with petitioner against sum of rupees ranging between 200-500 /- per candidate.

Patna High Court CR. MISC. No.58130 of 2025(2) dt.09-10-2025 2/3

5. Learned counsel appearing on behalf of the petitioner submitted that the alleged search was made in the house of co-accused Sujeet Kumar, from where the alleged mobile phone number was seized, which was used for alleged illegal activities by creating social media account. It is pointed out that the mobile phone which was seized from this petitioner was not alleged to be used in the present occurrence. Sim card for both mobile numbers i.e. 7070057940 and 7739420237 found inserted in same mobile handset and was not found to be involved in alleged occurrence during the course of investigation, which now stands concluded. While concluding the argument, it is submitted that petitioner is a man of clean antecedent.

6. Learned APP opposed the prayer of bail.

7. Considering the aforesaid factual submissions and by taking note of fact as prima facie the mobile phone/number, which appears seized from the petitioner was not found involved in alleged occurrence, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 23.05.2025,

Patna High Court CR. MISC. No.58130 of 2025(2) dt.09-10-2025 3/3 accordingly, petitioner above named, is directed to be released on bail in connection with Nalanda Cyber P.S. Case No. 55/2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bihar Sharif, Nalanda/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) veena/- U T