Kundan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75471 of 2025 Arising Out of PS. Case No.-336 Year-2025 Thana- GRIYAK District- Nalanda ====================================================== Kundan Paswan S/O Vijay Paswan @ Vijay Kumar Paswan Resident of Barith, P.S.- Katrisarai, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Chandra, Adv For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-11-2025 Heard the parties.

2. The petitioner seeks bail in connection with Giriyak (Katri Sarai) P.S. Case No. 336 of 2025 registered for the offences under Sections 318(4), 319(2), 336(3), 338, 339, 340(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita and Sections 66(C ) and 66(D) of the I.T. Act.

3. The petitioner is named in the F.I.R. and is in custody since 30.07.2025.

4. The allegation against the petitioner is to involve in cyber fraud and to cheat innocent persons by using electronic gadgets etc., where upon raid different mobile phones were recovered from the house of this petitioner.

5. Learned counsel appearing on behalf of the petitioner submitted that only one mobile phone was recovered from petitioner, but he was shown in

Patna High Court CR. MISC. No.75471 of 2025(2) dt.10-11-2025 2/3 possession of three different mobile phones which was recovered from the other places of the house, which is occupied by different adult family members. It is pointed out that search of house was not made in accordance with law in terms of Section 103(4) of the BNSS. While concluding the argument it is submitted that, petitioner is a man of clean antecedent and moreover, investigation of this case has already completed, and as such, there is no chance of tampering with the evidence.

6. Learned APP appearing on behalf of the State, opposes the prayer for bail.

7. In view of aforesaid factual submission and by taking note of nature of recovery as discussed aforesaid, coupled with the fact as petitioner remains in custody since 30.07.2025, accordingly above named petitioner, is directed to be released on bail in connection with Giriyak (Katri Sarai) P.S. Case No. 336 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 C.J.M. Biharsharif, Nalanda/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S.

Patna High Court CR. MISC. No.75471 of 2025(2) dt.10-11-2025 3/3 (Chandra Shekhar Jha, J.) S.Tripathi/- U T