Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59263 of 2025 Arising Out of PS. Case No.-85 Year-2025 Thana- Cyber P.S. District- Nawada ====================================================== Rajesh Kumar S/o Sanjay Singh R/village - Kunj, P.S - Roh, Dist. - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N. K. Agrawal, Sr. Advocate Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-09-2025 Heard learned senior counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Cyber P.S. Case No. 85 of 2025, instituted for the offences punishable under Sections 303(2), 318(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2), 111 and 61(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on getting an information about online loan fraud, the police raided Kunj Garden and apprehended four suspects while three fled away.
4. Learned senior counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered
Patna High Court CR. MISC. No.59263 of 2025(2) dt.02-09-2025 2/3 from the conscious possession of the petitioner. Learned senior counsel for the petitioner also submits that no specific allegation has been attributed against the petitioner rather the same is general and omnibus in nature. No any offence has been committed by the petitioner. Only one mobile phone has been recovered from the possession of the petitioner which belongs to him. The petitioner is in custody since 08.06.2025 and has got two criminal antecedents in which he is on bail.
5. Learned APP 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 taking into account 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 after framing of charge, if not already framed 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. 85 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
Patna High Court CR. MISC. No.59263 of 2025(2) dt.02-09-2025 3/3 (II) The petitioner shall appear on each and every 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.
(Rudra Prakash Mishra, J) Rajorshi/- U T