Saurabh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73238 of 2025 Arising Out of PS. Case No.-122 Year-2025 Thana- Cyber P.S. District- Nawada ====================================================== Saurabh Kumar S/o Mukesh Singh @ Mukesh Kumar R/o Village - Bhandazor, P.S - Roh, District - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vibhuti Ranjan Sonvadra, Adv.
For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 19-11-2025 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Cyber (Nawada) P.S. Case No.122 of 2025, dated 31.07.2025, registered under Sections 303(2), 318(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2), 111, 317(2), 317(5), 61(2) of the B.N.S. and Sections 66, 66(B), 66(C), and 66(D) of the I.T. Act.
3. The prosecution case, in brief, is that on 01.08.2025 the informant got information from Pratibimb APP of Cyber Police Portal that user of Mob No. 7047867634, committed forgery from user of Mobile No. 9003205886, in the name of providing online loan, and tower location of mobile number used in cheating was being shown near Roh Bazar. On that all
2/5 F.I.R named police personnel, departed from Police station and reached at two storied market of mobile and saw one person sitting there, who started to flee, but caught and disclosed his name as Dipak Singh and accepted his involvement in Cyber Crime and also disclosed the name of Munna Kumar, Saurabh Kumar, Chandan Kumar, Rakesh Mahto and Dhiraj Kumar as the accused, who used to make available SIM, account number and mobile number of general people. When informant verified mobile used in cheating, he found several Adhar Card, Account number, Pan Card etc. of several people saved in that mobile of which screenshot of documents relating to loan of Bajaj and Dhani Finance. When informant searched Pari Mobile shop and seized one Vivo company Mobile containing Moble No.
7077867634 and on this whatsapp is also running and besides this informant seized several mobile and Sim number. mentioned in F.I.R, of which seizure list is prepared. On interrogation of Dipak Kumar, Police reached near house of Chandan Kumar and arrested him and interrogated regarding Mobile No. 8537085568, who disclosed it to be in his pocket and admitted to commit Cyber fraud from general people, in the name of Bajaj Finance, Dhani Finance and treatment in Patanjali.
3/5 the allegation of Commission of Cyber fraud become true. Further informant searched Chandan Kumar and seized Mobile of Redemy company bearing Mob.No. 8537085568 and etc. along with some notes in denomination of Rs. 10, 20 and 50, total Rs. 4080/-along with several Adhar Card, Account No, Pan Card etc.
4. Learned counsel for the petitioner submits that on the basis of disclosure made by one Dipak Singh, the name of this petitioner has transpired in this case and there is no incriminating materials to find complicity of this petitioner in the alleged commission of crime. This petitioner is in no way connected with the seized article and on search being made in his absence, nothing incriminating has been recovered from his house, while similarly situated persons namely Dhiraj Kumar and Munna Kumar have been granted bail by the Additional Sessions Judge-III, Nawada. petitioner has no criminal antecedent.
5. Learned Additional Public Prosecutor for the State has opposed the prayer for bail of the petitioner.
6. Considering the facts that on the basis of disclosure made by one Dipak Singh, the name of this petitioner has transpired in this case, there is no incriminating materials to find complicity of this petitioner in the alleged commission of crime and similarly situated persons namely Dhiraj Kumar and Munna
4/5 have been granted bail by the Additional Sessions Judge-III, Nawada, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Nawada in connection with Cyber (Nawada) P.S. Case No. 122 of 2025, subject to the condition as laid down under Section 438(2) of the Cr.P.C. as well as the following conditions:- (i) one of the bailors should be the family member/relative of the petitioner (s) who shall provide official document to show his/her bona fide;
(ii) the petitioner (s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner (s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner (s) shall desist from committing any
5/5 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) pravinkumar/- U T