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2025 DAILYLAW 70775 (PAT)

Chandan Kumar v. The State of Bihar

CR. MISC./59024/2025 · 2025-09-10

Jitendra Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59024 of 2025 Arising Out of PS. Case No.-476 Year-2025 Thana- Cyber P.S. District- Patna ====================================================== Chandan Kumar, S/O Late Sujeet Kumar, R/O Vill.- Lal Imli, Gauraiya Sthan, P.S.- Patna City, Dist.- Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Anand, Advocate. Mrs. Madhuri Kumari, Advocate. For the State : Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 2 10-09-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail, apprehending his arrest, in connection with Patna Cyber P.S. Case No. 476 of 2025, dated 25.02.2025 registered for the offences punishable under Sections 318(4), 319(2) of B.N.S, 66(C) and 66(D) of the I.T. Act. 3. It is a case of cyber fraud, defrauding the informant of Rs.57,563/- and this amount during investigation has been found to be deposited in the account of the petitioner. 4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the Mobile number through which Patna High Court CR. MISC. No.59024 of 2025(2) dt.10-09-2025 2/3 the call was given to the informant does not belong to the petitioner. He also submits that the FIR has been lodged after delay of one month. The petitioner is not named in the FIR. He also submits that the maximum punishment prescribed for the alleged offence is 7 years and Police has not given notice under Section 41A Cr.PC/35 of B.N.S.S. 5. It is also stated in paragraph No. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case. 6. It has further been stated in paragraph No.3 of the bail petition that the petitioner has no criminal antecedent. 7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail submitting that alleged offence is serious in nature. Moreover, the case is at the stage of investigation and this is an anticipatory bail petition. The custody of the petitioner for interrogation may be required during investigation, and hence, he is not entitled to grant anticipatory bail. 8. Considering the fact that cyber crime is one of the most dangerous offences the society has been facing today and the defrauded amount has been found deposited in the account of the petitioner, I am not persuaded to enlarge the petitioner on Patna High Court CR. MISC. No.59024 of 2025(2) dt.10-09-2025 3/3 anticipatory bail. 9. Accordingly, the prayer for anticipatory bail of the petitioner stands rejected. S.Ali/- (Jitendra Kumar, J) U T