Surendra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67215 of 2025 Arising Out of PS. Case No.-92 Year-2025 Thana- Cyber P.S. District- East Champaran ====================================================== Md. Javed S/o Md. Farukh Resident of Village- Miscot Ramna, Ward No. 7, P.S.- Town Motihari, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 69498 of 2025 Arising Out of PS. Case No.-92 Year-2025 Thana- Cyber P.S. District- East Champaran ====================================================== Surendra Prasad S/o Indrasan Prasad R/o- Ambika Nagar, Ward no. 24, P.S.- Banjaria, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 67215 of 2025) For the Petitioner/s :
Mr.Prateek Tandon, Adv.
For the Opposite Party/s :
Mrs.Shaheen Begum, APP (In CRIMINAL MISCELLANEOUS No. 69498 of 2025) For the Petitioner/s :
Mr.Samir Kumar, Adv.
For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 09-10-2025 As both bail applications are arising out of the same P.S. Case No., they are being heard and disposed of by this common order.
2. Heard learned counsel for the petitioners and learned A.P.P. for the State.
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3. The petitioners seek bail in connection with a case registered for the offence punishable u/s 318(4), 319(2), 338, 336(3), 340(2), 303(2), 61(2), 317(5), 317(4) and 111 of B.N.S. and section 66-c and 66-D of I.T. Act and 25(1-b), 26, 35 of the Arms Act
4. As per the F.I.R., the petitioners are alleged to be involved in a cyber crime. During a police raid, arms, cash, ATMs, SIM cards, a counting machine, and other incriminating materials were recovered from the houses of various accused persons.
5. It is submitted by learned counsel for the petitioners that they are innocent and have been falsely implicated in the present case due to ulterior motives. The petitioners are not named in the F.I.R., and their involvement has surfaced solely on the basis of the confessional statement of co-accused Dipanshu. It is further submitted that although a sum of ₹7,30,000/- was allegedly recovered from the house of petitioner Md. Javed, the said amount rightfully belongs to him, and the
3/4 cheque books recovered pertain to his family members, including his wife, younger brother, and father. Petitioner Md. Javed is a shopkeeper by profession. So far as petitioner Surendra Prasad is concerned, no incriminating article has been recovered from his conscious physical possession. Moreover, several co-accused persons have already been granted bail by this Hon'ble Court vide orders dated 09.09.2025 in Cr. Misc. No. 59984 of 2025; 16.09.2025 in Cr. Misc. Nos. 63963 of 2025, 60086 of 2025, and 60140 of 2025; and 17.09.2025 in Cr. Misc. Nos. 64397 of 2025, 64050 of 2025, and 65652 of 2025. It is lastly submitted that the petitioners have no criminal antecedents and have been in custody since 29.06.2025 (Md. Javed) and 24.06.2025 (Surendra Prasad).
6. Learned APP for the State vehemently opposed the prayer for bail.
7. Considering the facts and circumstances of this case, the above named petitioners are directed to be
4/4 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Motihari Cyber P.S. Case No. 92 of 2025. (S. B. Pd. Singh, J) pallavi/- U T