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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59503 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- Cyber P.S. District- Nawada ====================================================== Nirala Kumar @ Nerala Kumar S/o Ramji Chauhan Resident of Beldariya, Police Station- Warsaliganj, Distt- Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kshem Sharma, Advocate For the Opposite Party/s : Mr. Mukesh Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 03-09-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in case registered for the offences punishable under Sections 303(2), 318(4) of the Bharatiya Nyaya Sanhita and Section 66, 66(D) of the Information Technology Act.
3. On secret information from E.O.U. Patna and Pratibimb App, which is related to control of cyber crime, a raid was conducted near Akash Apartment, Mohalla Rajendra Nagar, Nawada, several SIM cards, mobile phones, EMI calculator and details, NOC messages, PAN Cards, Aadhaar Cards, photo, e- mail ID, bank details, etc. were recovered and one co-accused Monu Kumuar was apprehended on the spot who disclosed name of this petitioner.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.59503 of 2025(2) dt.03-09-2025 2/2 petitioner is innocent and has committed no offence. Petitioner has been made accused in this case only on the basis of confessional statement of co-accused who was apprehended on the spot. Petitioner has got no concern with the alleged recovery.
5. Learned A.P.P. for the State vehemently opposed the bail application and submitted that during course of investigation, one Sunita Prasad who is owner of the flat in question stated that the said flat was rented out to this petitioner, Rajesh Chauhan, Sarita Devi and Raushan Kumar. The recovery of SIM Cards in the name of others, evidence of cyber fraud from the mobile phones seized from the said flat rented out to the petitioner shows direct involvement of this petitioner in cyber crime activities. Petitioner has got one criminal antecedent.
6. Considering the nature of accusation and criminal antecedent, prayer for anticipatory bail of the petitioner is refused.
Navya/- (Prabhat Kumar Singh, J) U T