Divakar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58769 of 2025 Arising Out of PS. Case No.-356 Year-2025 Thana- WARISLIGANJ District- Nawada ====================================================== Divakar Kumar S/o Kaushlesh Prasad R/o vill - Goraper, P.S.- Warisaliganj, Distt.- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prasad Singh, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Warsaliganj P.S. Case No. 356 of 2025 instituted for the offences under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2), 111(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66-B, 66-D of the I.T. Act.
3. Prosecution case, in short, is that, police, on the basis of secret information, raided the place of occurrence and, in the meantime, seeing the police party, the accused persons, 19-20 in number tried to flee away but out of them six persons were apprehended. It is further alleged that multiple mobile phones were recovered from the apprehended accused persons
Patna High Court CR. MISC. No.58769 of 2025(2) dt.01-09-2025 2/3 along with data sheets used in the cybercrimes.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that petitioner was never indulged in the cyber crime and merely on the basis of suspicion, he is being dragged in the present case. Learned counsel further submitted that the mobile bearing no. 7546815929 belongs to the petitioner. No any data sheet was recovered from the possession of the petitioner. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.07.2025 and has no criminal antecedent.
5. Learned A.P.P. 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 as also 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 on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.58769 of 2025(2) dt.01-09-2025 3/3 below/concerned Court in connection with Warsaliganj P.S. Case No. 356 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T