Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59759 of 2025 Arising Out of PS. Case No.-73 Year-2025 Thana- Cyber P.S. District- Nawada ====================================================== Vikash Kumar S/o Krishna Prasad, R/o Village Farha, P.S.- Nemdarganj, Dist. Nawada.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Cyber P.S. Case No. 73 of 2025, dated 21.05.2025, registered for the offences punishable under Sections 303(2), 318(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2) and 111 of BNS and under Sections 66 and 66(D) of the IT Act.

3. As per the prosecution case, on 21.05.2025 the informant proceeded to raid the user of mobile phone no. 9065258418 which was engaged in cyber fraud, on the basis of tower location. When the Police reached the alleged place, the petitioner on seeing the Police tried to flee, but he was arrested

Patna High Court CR. MISC. No.59759 of 2025(2) dt.01-09-2025 2/3 and during the search of his house, various articles including SIM cards, memory card, pen drive and videography camera etc. were seized. It is further alleged that the petitioner told Police that through the said mobile number, he gave incentive of cheap loans to innocent people and used to commit cyber crime with them.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case merely on the basis of suspicion. There is general and omnibus allegation against the petitioner. There is no eyewitness to the alleged occurrence and the entire allegation is based on presumption. No cogent material has come during the course of investigation which suggests the involvement of the petitioner in the present occurrence. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 22.05.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand

Patna High Court CR. MISC. No.59759 of 2025(2) dt.01-09-2025 3/3 Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class, Nawada in connection with Cyber P.S. Case No. 73 of 2025, on further condition:

(i) The petitioner is directed to remain physically present before the learned trial Court on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shahnawaz/- U T