Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82909 of 2025 Arising Out of PS. Case No.-1507 Year-2025 Thana- Cyber P.S. District- Patna ====================================================== Kundan Kumar, S/O Saryu Prasad @ Sarjug Prasad, R/O Village- Devisarai Ward No. 21, P.S.- Deepnagar, Dist.- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dheeraj Kumar, Advocate For the Opposite Party/s :
Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-12-2025 Heard Mr. Dheeraj Kumar, learned counsel for the petitioner and Mr. Nirmal Kumar Sinha, learned APP for the State.
2. The petitioner has prayed for bail in connection with Patna Cyber P.S. Case No. 1507 of 2025 registered for the offence punishable under Sections 318(2), 313(4), 319(2), 336(2), 336(3), 111(3), 340(2), 61(2) of the B.N.S. and Sections 66 (C) and 66(D) of the I.T. Act.
3. The case of the prosecution, in short, is that the police had information that in the house of Babita Devi at Ramkrishna Nagar at the second floor, some unknown miscreants have indulged in cyber fraud. On that information, the room was raided. It is alleged that from that room, 13 mobile phones, one laptop and 15 ATM Cards and Rs. 22,700/- were recovered.
4. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.82909 of 2025(2) dt.10-12-2025 2/2 has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. From perusal of the F.I.R. itself it is clear that it is no clear as to from whose possession the recovery was made. It has also been submitted that police has not followed Section 105 of the B.N.S.S. while making the seizure and from perusal of the F.I.R. it is also clear that no one has complained regarding being cheated by this petitioner. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 30.06.2025.
5. Learned APP appearing for the State has vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M.F.C., Patna in connection with Patna Cyber P.S. Case No. 1507 of 2025. (Ashok Kumar Pandey, J) lata/- U T