Arvind Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85939 of 2025 Arising Out of PS. Case No.-318 Year-2025 Thana- ARARIA District- Araria ====================================================== Arvind Kumar Sah Son of Jag Narayan sah Resident Of Village- Ward No 12, Kanayan Madanpur, Police Station- Madanpur District -Araria ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 09-01-2026 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Araria P.S. Case No. 318 of 2025 dated 07.08.2025 registered for the offence(s) punishable under Section (s) 318(4), 338, 336(3), 111(3) and 3(5) of the B.N.S. and Sections 66(C) and 66(D) of the I.T. Act.
3. As per the prosecution case, the informant along with the police force conducted a raid at the hotel of Shyan Manjar and apprehended three persons including the petitioner near the A.T.M. and on search, several ATM cards, Credit cards and passbook of various accounts were recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case
Patna High Court CR. MISC. No.85939 of 2025(2) dt.09-01-2026 2/3 and no such illegality has been stated in the F.I.R. was committed by the petitioner. It has next been submitted that the recovered ATM cards and Debit cards from the possession of the petitioner belonged to him. It is also the case of the petitioner that no complaint has come forward till date to claim that they have been cheated by the petitioner and the others. It has next been submitted that even during the course of investigation, nothing has come on record to substantiate the fact that the petitioner was involved in cyber fraud or has cheated any individual. Learned counsel has drawn the attention of this court towards the order passed by the learned A.D.J.-IV, Araria wherein he has granted bail to the similarly situated co-accused vide order dated 01.11.2025(Annexure-P/2). It has lastly been submitted that the petitioner has one criminal antecedent and he is in custody since 07.08.2025.
5. Learned A.P.P. has vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, the petitioner is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria in connection with Araria P.S. Case No. 318 of 2025, subject to the following terms and conditions :-
Patna High Court CR. MISC. No.85939 of 2025(2) dt.09-01-2026 3/3 (i) One of the bailors shall be a close relative of the petitioner.
(ii) The petitioner shall remain physically present before the concerned Court on each and every date of the trial and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (iv) The trial court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedents, the trial court shall take necessary steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above mentioned order shall not be delayed for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J) Gautam/- U T