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2025 DAILYLAW 49935 (PAT)

Akash Kumar v. The State Of Bihar

CR. MISC./36938/2025 · 2025-09-01

Ashok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36938 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- Cyber P.S. District- Nawada ====================================================== Akash Kumar S/O Sri Ashok Kumar R/O Vill.- Kurma, P.s.- Nagar, Dist.- Nawada. ... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate Mr. Ritwik Thakur, Advocate Mrs. Vaishnavi Singh, Advocate Mr. Mudit Meet, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 3 01-09-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for bail in connection with Cyber P.S. Case No. 22 of 2025 registered for the offence punishable under Sections 303(2), 318(2), 318(4), 338, 319(2), 336(2), 340(2) and 61(2) of the B.N.S. and Sections 66, 66B, 66C and 66D of the Information Technology Act 3. The case of the prosecution, in short, is that two mobiles were recovered from this petitioner. One mobile was having two sims whereas another mobile was having one sim. It is alleged that the sims which were used in the mobile does not belong to the petitioner and they were used for cyber fraud. 4. Learned counsel appearing on behalf of the Patna High Court CR. MISC. No.36938 of 2025(3) dt.01-09-2025 2/2 petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. It has further been submitted that from perusal of the seizure list, it will transpire that there is no independent witness in the seizure and the only allegation is that the petitioner was indulged in cyber fraud but it is not specified as to whom he has cheated. The allegations are bald. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 15.02. 2025. 5. The application for bail is opposed by learned APP for the State. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate First Class, Nawada, in connection with Cyber P.S. Case No. 22 of 2025. lata/- (Ashok Kumar Pandey, J) U T