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Patna High CourtCR. MISC./91344/2025bail granted

Shiv Mangal Kumar v. The State Of Bihar

2026-07-27Mr. Justice R. P. Mishra4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.91344 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- Cyber P.S. District- Darbhanga ====================================================== Shiv Mangal Kumar S/o Anirudh Sah R/o Village - Bhasar Machara, P.S - Town, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP For the Informant :

Mr. Mithilesh Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-07-2026 At the outset, the Office is directed to de-tag Cr. Misc. No. 91341 of 2025 from the present case.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State as also learned counsel for the informant.

3. The petitioner seeks bail in connection with Cyber P.S. Case No. 52 of 2025, instituted for the offences punishable under Sections 303(2), 318(4), and 319(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 66, 66(c), and 66(D) of the Information Technology Act.

4. The prosecution case, in brief, is that a sum of 15,76,124/- was fraudulently siphoned off from the informant's SBI bank account through cyber fraud. During the course of investigation, the petitioner's name surfaced, and a co-accused

2/4 allegedly stated in his confessional statement that the petitioner had transferred money to his account, which was subsequently returned to the petitioner.

5. It has been submitted on behalf of the petitioner that he has been in custody since 07.09.2025. The petitioner has no criminal antecedent, as disclosed in paragraph 3 of the bail application.

6. Learned counsel for the petitioner has further submitted that the petitioner has been falsely implicated in the present case. Nothing has been recovered from his conscious possession. The petitioner's name surfaced solely on the basis of the disclosure made by the co-accused, namely, Anand Kumar, which has no evidentiary value in the eye of law. It is further submitted that, pursuant to the order dated 20.07.2026, the petitioner has brought a demand draft of 3,00,000/- today for payment to the informant. It is also submitted that the remaining amount of 6,00,000/- shall be paid to the informant in six equal monthly installments.

7. The informant has received Demand Draft No. 086158 drawn on Canara Bank in the presence of the Court today, which has been duly identified by his learned counsel, namely, Mithilesh Kumar Jha (AOR No. 2097).

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8. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail. However, it has been submitted that if the petitioner is willing to pay the remaining amount of 6,00,000/- within a period of six months, learned counsel for the informant has no objection to the grant of bail.

9. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner, and petitioner's willingness to deposit the remaining amount of 6,00,000/- with the informant within a period of six months in six equal monthly installments, this Court is inclined to grant bail to the petitioner.

10. Accordingly, let the petitioner be released on bail on furnishing bail bonds of 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below/concerned Court in connection with Cyber P.S. Case No. 52 of 2025, subject to the following conditions:

(I) One of the bailors shall be a close family member of the petitioner.

(II) The petitioner shall remain physically present on each and every date fixed during the trial. In the event of his default in appearance on two consecutive dates without sufficient cause,

4/4 the Trial Court shall be at liberty to cancel his bail bonds. (III) The petitioner shall deposit the remaining amount of 6,00,000/- with the informant within a period of six months from the date of furnishing his bail bonds, in six equal monthly installments of 1,00,000/- (Rupees One Lakh only) each. The first installment of 1,00,000/- (Rupees One Lakh only) shall be paid within one month from the date of the petitioner's release, and the remaining five installments of 1,00,000/- (Rupees One Lakh only) each shall be paid at monthly intervals thereafter. (Rudra Prakash Mishra, J) Raj Kishore/- U T