IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48805 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- Cyber P.S. District- West Champaran ====================================================== Happy Kumar S/O Harishankar Sah @ Harishankar Prasad R/O Village- Ward No 1 Mathiya, Police Station- Lauriya, District- West Champaran. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sarvesh Kashyap, Advocate For the Opposite Party/s : Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 3 12-11-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. 2. The petitioners seek bail in connection with Bettiah Cyber P.S. Case No. 08/2025, registered for the offence under Sections 303(2), 317(2), 317(5), 318(4), 319(2), 61(2), 66(C), 66(D), 84(B), 84(C) of the BNS. 3. The accused/petitioner is named in the F.I.R. and is in custody since 12.03.2025. 4. As per FIR, upon secret information, police raided house of co-accused Mantu Kumar, whereupon search 15 passbooks, one cheque book, 19 ATM cards alleged to be recovered, which was suspected to be used in committing cyber fraud to cheat innocent people. 5. Learned counsel appearing on behalf of the petitioner submitted that upon search one of the passbook which was said to Patna High Court CR. MISC. No.48805 of 2025(3) dt.12-11-2025 2/3 be seized from the house of co-accused Mantu Kumar found involved in suspected transactions, whereafter this petitioner who is none but the brother of the co-accused Mantu Kumar and his father, namely Harishankar Sah was arrested by the police. It is submitted that the alleged passbooks belongs to co-accused Mantu Kumar. It is submitted that considering all such aspects, one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 43121 of 2025 dated 16.07.2025 granted bail to co-accused Harishankar Sah. 6. Arguing further, it is submitted that house in issue which is jointly occupied appears not searched properly in view of Section 103(4) of BNSS. While concluding the argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Petitioner found involved in one more criminal case, where he is on bail and same is of different nature. 7. Learned APP opposed the prayer of bail. 8. Considering the aforesaid factual submissions and by taking note of fact as recovery of seized passbooks and ATM cards not appears to be made from conscious physical possession of this petitioner, where alleged suspected transactions is with the Patna High Court CR. MISC. No.48805 of 2025(3) dt.12-11-2025 3/3 account of co-accused Mantu Kumar, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 12.03.2025, accordingly, above named petitioner is directed to be released on bail in connection with Bettiah Cyber P.S. Case No. 08/2025, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-XIIIth, Bettiah, West Champaran/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS. veena/- (Chandra Shekhar Jha, J) U T