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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64397 of 2025 Arising Out of PS. Case No.-92 Year-2025 Thana- Cyber P.S. District- East Champaran ====================================================== Rohit Kumar S/o Lakshman Mahto R/o Mohalla- Raja Bazar, P.S.- Town Motihari, Distt- East Champaran (Bihar) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunny Kumar For the Opposite Party/s : Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 17-09-2025
1. Heard learned counsel for the petitioner and the learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 318(4), 319(2), 338, 336(3), 340(2), 303(2), 61(2), 317(5), 317(4), 111 of B.N.S.S., Sections 66(c), 66(d) of I.T. Act & Sections 25(1- b), 26, 35 of the Arms Act. 3. Learned counsel appearing on behalf of the petitioner submits that petitioner has antecedent of one case and the informant alleges that on information derived from Pratibimb Portal (a software of cyber police), the house holder of suspected mobile no. 9162687392 was raided and accused Dipanshu and Pappu were arrested and Dipanshu confessed that the aforesaid mobile belongs to him and also that there is
Patna High Court CR. MISC. No.64397 of 2025(2) dt.17-09-2025 2/5 allegation of fraud of Rs. 50,000/- committed through the aforesaid mobile, further, apart from the mobile, other articles like laptops, Cheques, Passbooks etc. were seized and the apprehended accused further disclosed that they received an amount of Rs.
80 lacs of defrauded money, it was also disclosed that Satyam and Ayush are mastermind of the racket, who transferred the defrauded amount of cyber crime through RSN games, further disclosed the name of other associates, involved in the crime, as Sanjeev, Ayush, Rohit, petitioner, Abhinesh, Sumit Saurabh and Raj Kishor Ram, the apprehended accused further disclosed that at the instance of Ayush, they sent money to Sumit Saurabh, with whom other associates also deposit money, thereafter, the house of Satyam Saurabh was raided but he had absconded but from his room, one cash-counting machine, a loaded country made pistol along with 07 live cartridges, Laptop, ATM cards, Passbooks etc were seized along with cash of Rs.7,50,000/- and a Thar vehicle, similarly the house of Satyam, Sanjeev and Sumit Saurav was also raided and articles, as detailed in the FIR, were seized, further Sumit confessed that he converted the defrauded money in USDT and also disclosed that Purusottam, Daya Shankar, Nikhil and Sajid, used to transfer the defrauded money to USDT and also
Patna High Court CR. MISC. No.64397 of 2025(2) dt.17-09-2025 3/5 converted the same in Crypto Currency on very large scale, further from Pursottam, Rs.15,98,880/- along with 99,500/- Nepali Currency was also recovered. 4. Learned counsel appearing on behalf of the petitioner submits that petitioner has been falsely implicated in the instant case at the instance of apprehended accused Dipanshu and Pappu. It is next submitted that from perusal of the allegations, as alleged in the FIR, it would manifest that apart from disclosing the name of the petitioner, no overt act has been alleged against him nor the FIR even remotely suggest that petitioner was also actively involved in committing cyber crime. It is further submitted that the FIR does not disclose that house of Rohit was also raided. It is next submitted that petitioner is a young boy aged about 20 years and is a student of S.N.S. College, Motihari.
It is further submitted that if the petitioner in the nature of allegation, as alleged in the FIR, is sent to judicial custody, his entire career would get jeopardized and chances are bright that he may come in contact with hardened criminals. 5. Learned A.P.P. vehemently opposes the anticipatory bail of the petitioner and submits that the case relates to cyber offences and from perusal of the allegation as alleged in the FIR, it would manifest that the accused persons
Patna High Court CR. MISC. No.64397 of 2025(2) dt.17-09-2025 4/5 after defrauding innocent people of their hard earned money were converting the amount in USDT or Cypto currency, further huge amount of cash has also been recovered from the house of named accused persons. It is next submitted that the present generation, who are tech savvy, are involved in such occurrences and the syndicate requires young boy with bright brains but then the learned APP fairly submits that from the pleadings made in the anticipatory bail application and from the pleadings made in the anticipatory bail application and from the FIR, it is not culled out that house of the petitioner was raided but then it is submitted that if the privilege of anticipatory bail is granted to the petitioner, the petitioner may abscond, on which, the learned counsel appearing on behalf of the petitioner submits that petitioner will not abscond rather will cooperate in the investigation to prove his innocence. 6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where
Patna High Court CR. MISC. No.64397 of 2025(2) dt.17-09-2025 5/5 the case is pending/successor court in connection with Motihari Cyber Case No.92/2025, subject to the conditions as laid down under Section 482(2) B.N.S.S.
7. Further, one of the bailors of the petitioner shall be his mother, namely, Gudiya Devi. 8.
It is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner despite giving assurance to this court is not co-operating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. 9. It is further made clear that if charge sheet is submitted connecting the petitioner with the offence, apart from confession, in that event, the present anticipatory bail order shall loose its effect. amit/- (Satyavrat Verma, J) U T