Nishant Kumar @ Nisant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60440 of 2025 Arising Out of PS. Case No.-173 Year-2024 Thana- Cyber P.S. District- Gaya ====================================================== 1.

Nishant Kumar @ Nisant Kumar Son of Birendra Paswan @ Birendra Prasad Resident of Village - Gutiya Paharpur at Present Vir Kuwar singh Colony, P.S. - Magadh Medical College Hospital, Dist. - Gaya. 2.

Gaurav Kumar @ Gaurab Kumar Son of Titlesh Prasad Singh Resident of Village - Magadh Medical at present Vir Kunwar Singh Colony, Road no. 13, P.S. - M.M.C.H, Dist. - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nagendra Kumar Singh, Advocate Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Cyber P.S. Case No. 173 of 2024, instituted for the offences under Sections 318(4), 319(2), 336(3), 338, 340(2), 111, 61(2) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 66(C) and 66(D) of the I.T. Act.

3.

This is the second attempt of the petitioners for bail. The petitioners have renewed their prayer for grant of regular bail which was earlier rejected on merit by this Court vide order dated 27.03.2025 passed in Cr. Misc. No. 14773 of 2025.

Patna High Court CR. MISC. No.60440 of 2025(2) dt.29-08-2025 2/2 4.

Learned counsel for the petitioners submits that the petitioners are languishing in judicial custody since 01.12.2024 without any rhymes or reason and have got no criminal antecedent. It is further submitted that Charge has already been framed against the petitioner and other co-accused have already been granted regular bail by this Court vide order dated 22.08.2025 passed in Cr. Misc. No. 59236 of 2025. 5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioners as also Charge has already been framed, this Court is inclined to grant bail to the petitioners. 7.

Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Cyber P.S. Case No. 173 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T