Shiv Shankar Kumar @ Shiv Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60673 of 2025 Arising Out of PS. Case No.-91 Year-2025 Thana- Cyber P.S. District- Nawada ====================================================== 1.

Shiv Shankar Kumar @ Shiv Shankar Yadav S/o Nandlal Prasad R/o vill - Mirchak, P.S. - Warisaliganj, Distt.- Nawada 2.

Raushan Kumar S/o Nandlal Prasad R/o vill - Mirchak, P.S. - Warisaliganj, Distt.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudish Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Nawada Cyber P.S. Case No. 91 of 2025, instituted for the offences punishable under Sections 303(2), 318(2), 318(4), 319(2), 336(3), 338, 340(2), 111 and 61(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that police raided village Meerchak and arrested co-accused Shivam Kumar with mobile phones, SIM cards and other electronic items. It is further alleged that co-accused Shivam Kumar admitted that he

Patna High Court CR. MISC. No.60673 of 2025(2) dt.03-09-2025 2/3 works for co-accused Pankaj and revealed that they cheat people by offering fake loans in the name of Dhani Finanace Company.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. Learned counsel for the petitioners also submits that the allegation levelled against the petitioners are not specific rather the same is general and omnibus in nature. Name of the petitioners have transpired in this case on the basis of confessional statement made by co-accused, namely, Shivam Kumar and the same has got no evidentiary value. It is further submitted that the petitioners have not cheated any person and no any person have claimed against the petitioners regarding cheat or cyber crime. The petitioners are in custody since 24.06.2025 and have got no criminal antecedent.

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, this Court is inclined to grant bail to the petitioners.

Patna High Court CR. MISC. No.60673 of 2025(2) dt.03-09-2025 3/3

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 Nawada Cyber P.S. Case No. 91 of 2025.

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