Ritik Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59874 of 2025 Arising Out of PS. Case No.-268 Year-2025 Thana- WARISLIGANJ District- Nawada ====================================================== 1.
Ritik Kumar Pintu Kumar Resident Of Village- Gopal Nagar, Ps- Thana Nagar, Dist -Nawada At Present Bhawani Bigha, Ps- Warisaliganj, DistNawada 2.
Guddu Kumar son of Kapil Ram Resident of Village- Bhawani Bigha, PsWarisaliganj, Dist- Nawada 3.
Rohit Kumar Son of Santosh Saw Resident of Village- Bhawani Bigha, PsWarisaliganj, Dist- Nawada 4.
Pratap Kumar Son of Kapil Ram Resident of Village- Bhawani Bigha, PsWarisaliganj, Dist- Nawada ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajendra Narain, Sr. Advocate Mr.Arvind Prasad Singh, Advocate For the Opposite Party/s :
Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-11-2025 Heard Mr. Rajendra Narain, learned senior counsel appearing on behalf of the petitioners and learned A.P.P. for the State.
2. The accused/petitioners seek bail in connection with Warsaliganj P.S. Case No. 268 of 2025 registered for the offences under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2), 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.') and section 66(B) and 66(D) of the Information Technology Act.
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3. The accused/petitioners are named in the First Information Report and are in custody since 21.05.2025.
4. Allegation against the petitioners is to involve in cyber fraud and to cheat the innocent persons on pretext of introducing themselves being the representative of reputed finance company.
5. Mr. Rajendra Narain, learned senior counsel, while arguing on behalf of the petitioners, submitted that upon raid, the informant of this case, who is a police officer, found the mobile of petitioners from their conscious physical possession whereas the alleged laptop etc. was recovered from the place of occurrence. It is submitted that seized mobile was personal mobile of the petitioners. It is pointed out that after arrest self-confession of apprehended petitioners was recorded, which is part of FIR itself, where they confessed before the police that they are indulging in cheating the innocent persons on pretext of reputed finance company.
6. It is further submitted by Mr. Narain that in furtherance of said suspicion, nothing incriminating material
3/4 appears recovered from possession of these petitioners or from electronic gadgets as recovered from the place of occurrence which may suggest prima facie involvement of petitioners with the present crime in question.
7. Arguing further, Mr. Narain submitted that no private complaint ever raised against these petitioners.
8. While concluding argument, it is submitted that petitioners are the men of clean antecedent and, moreover, investigation of this case is already concluded, for which charge-sheet has been submitted and as such, there is no chance of tampering with the evidence.
9. Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.
10. In view of aforesaid factual submission and by taking note of the fact as FIR appears to be lodged on the basis of self-confession of the apprehended petitioners, where prima facie nothing incriminating appears to be recovered during course of investigation prima facie suggesting involvement of these petitioners with crime in question, coupled with the fact that petitioners, who are the men of
4/4 clean antecedent, remains in custody since 21.05.2025, accordingly, above-named petitioners are directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - 1st Class-IX, Nawada/concerned court, in connection with Warsaliganj P.S. Case No. 268 of 2025, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").
(Chandra Shekhar Jha, J) Rajeev/- U T