Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82301 of 2025 Arising Out of PS. Case No.-277 Year-2025 Thana- WARISLIGANJ District- Nawada ====================================================== 1.

Mukesh Kumar S/o Sajogi Prasad @ Santosh Prasad R/o Vill- Paingri, P.SWarisaliganj,Dist- Nawada 2.

Sanjeev Kumar S/O Shankar Singh R/o Vill- Paingri, P.S- Warisaliganj,DistNawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudish Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 02-12-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Warisaliganj P.S. Case no. 277 of 2025 instituted for the offence under Sections 319(2), 318(4), 338, 336(3), 340(2), 111(4), 61(2) and 3(5) of B.N.S and 66(B), 66(D) of I.T Act.

3. As per allegation in the FIR, informant got secret information that some cyber criminals are gathered near tree of Fanela in the village Paigri and cheating is being done by them. On receipt of such information, a raid team was formed and they

Patna High Court CR. MISC. No.82301 of 2025(2) dt.02-12-2025 2/3 reached the alleged place of occurrence. It is further alleged that on seeing the police party 09-10 persons started running and threw their mobile phones into the bushes. It is further alleged that five persons were apprehended on the spot and other managed to flee away from the place of occurrence. Apprehended persons disclosed the name of petitioners and others who managed to flee away from the place of seizure. It is further alleged that one mobile phone was recovered from the possession of co-accused Deepak Kumar.

4. Learned counsel appearing on behalf of the petitioners have submitted that petitioners are innocent and have committed no offence. It is further submitted that petitioners' name surfaced in this case on the basis of confessional statement of co-accused persons made before the police which has no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioners. Petitioners have got no criminal antecedents as per para 3 of the bail application. Allegation against the petitioners are general and omnibus in nature. It is further submitted that petitioners have not cheated any person nor any person made any complaint against the petitioners.

5. Having heard learned counsel for the parties and in

Patna High Court CR. MISC. No.82301 of 2025(2) dt.02-12-2025 3/3 the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Warisaliganj P.S. Case no. 277 of 2025, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada subject to the conditions as laid down under section 482(2) of B.N.S.S.

(S. B. Pd. Singh, J) vashudha/- U T