Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80472 of 2025 Arising Out of PS. Case No.-51 Year-2025 Thana- Cyber P.S. District- Aurangabad ====================================================== Gautam Kumar S/o- Kishori Sao @ Kishori Prasad Village- Anjan PO- Nima PS-Madanpur Dist- Aurngabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tabish Ahmad, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 30-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Aurangabad Cyber P.S. Case No. 51 of 2025 instituted for the offence under Sections 318(4), 303(2), 319(2), 336(2), 336(3), 338 and 111 of B.N.S. and Sections 66(c) and 66(d) of the I.T. Act.

3. The case of the prosecution is that on the basis of information given by SHO cyber, the informant along with other police personnel arrived at Madanpur P.S. and interrogated Chandan Kumar Singh and Tinku Kumar. Tinku Kumar is alleged to have confessed that he along with this petitioner has indulged in transactions of money through gaming by use of

Patna High Court CR. MISC. No.80472 of 2025(3) dt.30-01-2026 2/3 bank accounts opened in the name of other persons. Some documents are alleged to have seized from the house of Tinku Kumar and a mobile handset belonging to Chandan Kumar Singh was also seized under the seizure memo.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that the name of this petitioner has surfaced in the confessional statement of coaccused Tinku Kumar. Tinku has alleged that on the instance of this petitioner, he has opened bank account and in those bank accounts, the cash was transferred through gaming apps. Learned counsel has submitted that the petitioner is not concerned in any way with those bank accounts and no money has been received in his bank account. Nothing has been recovered from his possession. It has further been submitted that the petitioner and co-accused are known to have long standing political rivalry which has resulted in serious enmity in their family and due to this rivalry, the co-accused has falsely taken the name of this petitioner in the present case only to settle political scores and tarnish the reputation of the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.80472 of 2025(3) dt.30-01-2026 3/3

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Aurangabad Cyber P.S. Case No. 51 of 2025, he will be enlarged on bail 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.-1, Aurangabad subject to the conditions as laid down under section 482(2) of B.N.S.S.

(Ashok Kumar Pandey, J) Shubham/- U T