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Patna High CourtCR. MISC./58841/2025bail granted

Saurav Kumar v. The State Of Bihar

2025-11-19Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58841 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- Shahpur P.S. District- Nawada ====================================================== Saurav Kumar S/o Vibhuti Singh R/o vill - Bhagwatpur, P.S.- Shahpur, Distt.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv :

Mr. Bipin Kumar, Adv For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-11-2025 Heard the parties.

2. The petitioner seeks bail in connection with Shahpur P.S. Case No. 67 of 2025 registered for the offence under Sections 319(2), 318(4), 336(3), 338, 340(2), 317(5), 61(B), and 111 of the BNS and Sections 66(B), 66(C) and 66(D) of the I.T. Act.

3. The petitioner is named in the F.I.R. and is in custody since 04.07.2025.

4. The allegation against the petitioner is to indulge in cyber fraud along with other co-accused persons who upon police raid apprehended and upon such data sheet of customers running into five pages and three mobile phones was alleged to be recovered from his possession.

5. Mr. Ramakant Sharma, learned senior counsel

Patna High Court CR. MISC. No.58841 of 2025(3) dt.19-11-2025 2/3 appearing on behalf of the petitioner submitted that mere on the basis of suspicion as certain data sheet was available with this petitioner and he was also found in possession of three mobile phones showing aadhar card and other personal details of persons, he was implicated with the present case. It is submitted that during investigation petitioner found indulged in only two transaction i.e., for nominal amount of Rs. 1295 & Rs. 1285 with one person of Haryana. It is also submitted that aadhar card, pan card, paytm and qr code was seized under the witness of police constable, who cannot be said an independent witness. While concluding the argument, it is submitted that petitioner found involved in one more criminal case where he is in on bail and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

7. In view of aforesaid factual submission and by taking note of fact as prima-facie basis of implication is suspicion arising out of data sheet and certain documents as noticed in seized mobile, where during investigation two nominal transactions as submitted aforesaid were noticed prima-facie creating a doubt qua involvement of petitioner with the present crime in question,

Patna High Court CR. MISC. No.58841 of 2025(3) dt.19-11-2025 3/3 coupled with fact that investigation of this case already completed where petitioner remains in custody since 04.07.2025, accordingly petitioner above named, is directed to be released on bail in connection with Shahpur P.S. Case No. 67 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Nawada/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS. (Chandra Shekhar Jha, J.) S.Tripathi/- U T