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Patna High CourtCR. MISC./76682/2025allowed

Shravan Kumar @ Shrvan Kumar v. The State Of Bihar

2025-12-05Mr. Justice Sanjay Kumar Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76682 of 2025 Arising Out of PS. Case No.-24 Year-2025 Thana- Cyber P.S. District- Supaul ====================================================== Shravan Kumar @ Shrvan Kumar S/o Bhikhendra Mukhiya Resident of Village- Chhatapur Ward No. 11, P.S.- Chhatapur, District -Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Singh, Adv.

For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH ORAL ORDER 05-12-2025 By means of this bail application, petitioner, who is involved in connection with Supaul Cyber P.S. case no.24 of 2025, registered for the offences punishable under Sections 319(2)/318(4)/336(3)/340(2) of B.N.S. and sections 66(C)/66(D)/72 of the I.T. Act, seeks enlargement on bail during the pendency of trial.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor representing the State.

3. As per prosecution case, in brief, the First Information Report was lodged against one Pawan Kumar Purve and the petitioner- Shravan Kumar on the basis of an application of the informant-Prajesh Kumar Dubey, wherein he has stated inter alia that he got information that accused persons use to run a common service center at Block Development Office, Chhatapur and they made a forged fishing ID in the name of the

2/4 Kaka2.solution.online website and used to change the name and mobile numbers in the Aadhar Card of the persons and used to collect the personal documents and fingerprints illegally. On receiving such information, when the informant went at the place of the occurrence, he found such information to be true and also prepared the seizure list.

4. It is argued by learned counsel for the petitioner, that petitioner has been falsely implicated in this case on the basis of false and concocted story set up by the prosecution. Nothing incriminating material has been recovered from the possession of the petitioner and there is no allegation of cheating etc. against the petitioner. The petitioner has no criminal history to his credit. Lastly, it is submitted that petitioner is languishing in jail since 31.07.2025 and in case he is released on bail, he will not misuse the liberty of bail and cooperate with the trial.

5. Per contra, learned Additional Public Prosecutor for the State opposed the prayer for bail of the petitioner reiterating the prosecution case as mentioned in F.I.R.

6. Having heard the submissions of learned counsel for the parties and perused the record, I find that it is not in dispute that no incriminating material has been recovered from

3/4 the possession of the petitioner and there is no aggrieved person/victim in the present case. Petitioner is languishing in custody since 31.07.2025. Charge sheet has been submitted. Now there is no possibility of tampering the witnesses. Due to heavy docket of the cases, the possibility of conclusion of trial of the petitioner in near future is very bleak. There is no chance of the petitioner, of fleeing away from the judicial process or tampering with the prosecution evidence. As on date there is no material on record to presume that there is danger, of course, of justice being thwarted by grant of bail to the petitioner.

7. In view of the above, without going into the merit of the case, keeping in view the nature of the offence, evidence, severity of punishment, complicity of the petitioner, submissions of the learned counsel for the parties and reasons as noted above, this Court is of the opinion that the petitioner, who is in incarceration since 31.07.2025 has made out a prima facie case for bail.

8. Accordingly, the bail application of the petitioner stands allowed.

9. Let the above named petitioner be released on bail in the above case on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

4/4 each to the satisfaction of the concerned court below with the following conditions:- (i) That the petitioner shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.

(ii) That the petitioner shall not directly or indirectly involve in any criminal activity.

10. In case of breach of above conditions by the petitioner, it will be open for the prosecution to move bail cancellation application before the Court concerned.

11. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

12. The trial Court shall make an endeavour to conclude the trial of the petitioner expeditiously without granting unnecessary adjournment to either of the parties. (Sanjay Kumar Singh , J) pallavi/- U T