Ankur Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67461 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- Cyber P.S. District- East Champaran ====================================================== Ankur kumar Son of Rohit Ram Resident of Village - Nayagav, Bhutahan, P.S. - Paharpur, Dist. - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-12-2025 Heard the parties.

2. The petitioner seeks bail in connection with Motihari Cyber P.S. Case No. 57 of 2025 registered for the offence under Sections 338, 336(2), 340(2), 303(2), 318(4), 319(2) and 317(5) of the BNS and Sections 66(C) and 66(D) of the I.T. Act.

3. The petitioner is not named in the F.I.R. and is in custody since 18.05.2025.

4. As per FIR, police conducted a raid upon receiving informations that certain persons are involved in cyber fraud, where upon raid 4 persons were apprehended from spot and 2 persons ran away from the place of occurrence. It further appears that upon raid mobile phones, ATM Cards, credit cards and passbooks etc., alleged to be recovered from the place of raid.

5. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.67461 of 2025(3) dt.11-12-2025 2/3 submitted that name of petitioner transpires during the course of investigation when apprehended co-accused Rohit Kumar confessed his name. It is pointed out that ATM cards of PNB and UBI along with mobile which alleged to be recovered from the possession of this petitioner failed to suggest any involvement of petitioner with the present crime in question as alleged. It is also submitted that similarly situated co-accused persons who were apprehended from the place of occurrence were granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 50333 of 2025 dated 17.10.2025. While concluding the argument, it is submitted that petitioner is a man of clean antecedent 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 while opposing the prayer of bail submitted that several ATM cards and mobile was recovered from the possession of this petitioner.

7. In view of aforesaid factual submission and by taking note of fact as save and except suspicion arising out of confessional statement of co-accused prima-facie nothing incriminating appears recovered from the possession of this petitioner, coupled with fact as investigation of this case already

Patna High Court CR. MISC. No.67461 of 2025(3) dt.11-12-2025 3/3 completed where petitioner remains in custody since 18.05.2025, being a man of clean antecedent, accordingly petitioner above named, is directed to be released on bail in connection with Motihari Cyber P.S. Case No. 57 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. IVth, Motihari, East Champaran/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