Niraj Kumar @ Lalji v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.330 of 2026 Arising Out of PS. Case No.-519 Year-2025 Thana- WARISLIGANJ District- Nawada ====================================================== Niraj Kumar @ Lalji Son of Late Vijay Prasad Singh R/O Vill.- Beldha, P.S.- Warisaliganj, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hansraj, Advocate For the Opposite Party/s :
Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 11-02-2026 Heard the learned counsel for the petitioner and learned APP for the State.
2. Petitioner, who is in custody, seeks bail in connection with Warisaliganj P.S. Case No. 519 of 2025 registered for the offences punishable under Sections 318(2), 303(2), 318(4), 336(2), 338, 340(2) and 61(2) of the B.N.S. and under Sections 66, 66(B), 66(C) and 66(D) of the I.T. Act, 2000.
3. As per the prosecution story, the allegation against the petitioner is that he was found to be involved in committing cyber fraud and he was apprehended at the place of occurrence.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and
2/4 admittedly, two mobile phones were recovered from the possession of the petitioner along with some customer data which is said to have been found scattered on the ground. He further submits that admittedly two to three persons are said to have fled away from the place of occurrence and it was them who were involved in the said crime and petitioner who was the outlooker was falsely implicated in the present case. He next submits that no person has come forward to allege that the petitioner was involved in duping him or her. It has lastly been submitted that the petitioner carries clean antecedent and that he is in custody since 11.10.2025.
5. Learned APP for the state has vehemently opposed the prayer for bail and has stated that the petitioner is involved in cyber fraud and hence, should not be released on bail.
6. Considering the aforesaid facts and circumstances and taking into account the fact that two mobile phones have been recovered from the possession of the petitioner, let the petitioner be released on bail., let the petitioner, above named, be released on bail on furnishing bail
3/4 bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Warisaliganj P.S. Case No. 519 of 2025, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative and the other shall be local resident. (ii) The petitioner shall remain physically present in Court on each date of the trial.
(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) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
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7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) aditya/- U