Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64195 of 2025 Arising Out of PS. Case No.-60 Year-2025 Thana- Cyber P.S. District- Nalanda ====================================================== Gautam Kumar S/o- Rameshwar Chaudhary @ Bhola Chaudhary R/oBahadurganj Ps- Katrisarai Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-11-2025 Heard the parties.

2.The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Nalanda Cyber P.S. Case No. 60 of 2025 registered for the offences punishable under Sections 111(2), 303(2), 316(2), 318(4), 319(2), 336(3), 338, 340(2), 61(2) and 3(5) of the BNS.

3. The allegation against petitioner is to cheat innocent people along with other co-accused persons by committing cyber fraud.

4. It is submitted by learned counsel appearing on behalf of the petitioner that initially one mobile number was found involved in alleged cyber fraud i.e., 9038959173 on the basis of which police conducted raid in the house situated at village Barandi of co-accused and apprehended Bihari Kumar. It is pointed out that on the basis of disclosure as made by apprehended co-

Patna High Court CR. MISC. No.64195 of 2025(3) dt.14-11-2025 2/2 accused Bihari Kumar this petitioner was implicated against whom neither any electronic trail nor any incriminating circumstance/material surfaced during the course of investigation, which is almost completed on every aspects. While concluding argument, it is submitted that petitioner is a man of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid factual and legal submission and by taking note of fact that as save and except suspicion arising out of disclosure prima-facie nothing incriminating appears out of investigation against petitioner, accordingly petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Nalanda at Biharsharif/concerned Court, where the case is pending in connection with Nalanda Cyber P.S. Case No. 60 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS. (Chandra Shekhar Jha, J.) S.Tripathi/- U T