Akash Kumar @ Budha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91757 of 2025 Arising Out of PS. Case No.-115 Year-2025 Thana- Cyber P.S. District- Nawada ====================================================== AKASH KUMAR @ BUDHA S/O MANOJ MISHTRI R/O Vill.- Chakway, P.S.- Warisaliganj, Dist.- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Advocate For the Opposite Party/s :
Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-02-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Cyber P.S. Case No. 115 of 2025 registered for the offence punishable under Sections 303(2), 318(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2), 111, 317(2), 317(5), 61(2) of the B.N.S., 2023 and Sections 66(B), 66C, 66(D) of the I.T. Act.
3. The case of the prosecution in short is that on 21.07.2025, police made a raid in village Chakwai and apprehended Anuj Kumar. A mobile phone was recovered from him, and two Oppo phones were seized from a nearby house. Anuj admitted that these devices were used in a cyber-fraud scheme involving fake height-increase medicine and a bogus Tata Safari lottery through which money was collected as
Patna High Court CR. MISC. No.91757 of 2025(2) dt.06-02-2026 2/3 registration, TDS, and GST. He named Akash Kumar, provider of mobiles, accounts, QR codes, and customer data.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has been falsely implicated in the case due to local village politics. He also submits that the name of this petitioner has surfaced in the confessional statement of co-accused. No recovery has been made from the possession of this petitioner. He further submits that Sailesh Kumar, on whose confessional statement the name of this petitioner has surfaced in this case has already been granted anticipatory bail by the learned coordinate bench of this court vide Cr. Misc. No. 76428 of 2025.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the nature of allegation against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Nawada in connection with Cyber P.S. Case No. 115 of 2025 subject to the condition as laid down under Section
Patna High Court CR. MISC. No.91757 of 2025(2) dt.06-02-2026 3/3 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Ashok Kumar Pandey, J) Sudhanshu/- U T