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2025 DAILYLAW 2846 (PAT)

Deepak Kumar v. The State of Bihar

CR. MISC./68325/2025 · 2026-02-26

Smt Soni Shrivastava

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68325 of 2025 Arising Out of PS. Case No.-277 Year-2025 Thana- WARISLIGANJ District- Nawada ====================================================== Deepak Kumar S/o Rajendra Paswan R/o Village - Paingari, P.s - Warisaliganj, Nawada, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rishav Dev For the Opposite Party/s : Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 3 26-02-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner seeks bail in a case registered for the offence punishable under Sections 319(2), 318(4), 338, 336(3), 340(2), 111(4), 61(2), 3(5) of the B.N.S. and Section 66(B) of I.T. Act. 3. Petitioner is said to have committed cyber fraud by phone calls. 4. Learned counsel for the petitioner has submitted that the petitioner has been made an accused in this case upon allegations of committing some cyber fraud. A false recovery of one smart phone with fake sim card has been shown from the possession of this petitioner, however, it has been stated that 9 to 10 persons who were present threw their a mobile phones and started fleeing away out of which only five persons were Patna High Court CR. MISC. No.68325 of 2025(3) dt.26-02-2026 2/3 apprehended. Further, there is no independent witness on the seizure list indicating that the mandatory provisions of search and seizure have also been violated. It is further submitted that the other four accused persons who were apprehended along with the petitioner have been granted bail by a coordinate Bench of this Court vide order dated 18.11.2025 passed in Cr. Misc. No. 56538 of 2025. Further, the petitioner, a young boy aged about 22 years, with no criminal antecedent, is languishing in custody since 27.05.2025 and charge-sheet has been submitted. 5. Learned APP for the State has opposed the application for bail on the ground of present case being one of cyber fraud. 6. Taking into consideration the facts and circumstances and also considering the fact that the other co- accused persons have been granted bail by a coordinate Bench of this Court and the petitioner is also in custody for long with no criminal antecedent and charge-sheet has been submitted, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees 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.277 of 2025, subject Patna High Court CR. MISC. No.68325 of 2025(3) dt.26-02-2026 3/3 to the conditions that: (I) One of the bailors will be a family member/close relative. (II) The petitioner shall appear on each and every date till conclusion of trial and if the petitioner does not appear on two consecutive dates without any substantial and satisfactory reason, the learned court below would be at liberty to cancel his bail bonds. (III) In case the petitioner is found to be made an accused in any other case of cyber fraud, the learned court concerned would take steps to cancel the bail bonds granted to the petitioner in the present case. devendra/- (Soni Shrivastava, J) U T