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2026 DAILYLAW 12056 (PAT)

Abhay Kumar @ Abhay Kharwar v. The State of Bihar

CR. MISC./19112/2026 · 2026-04-08

Ashok Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19112 of 2026 Arising Out of PS. Case No.-55 Year-2025 Thana- Cyber P.S. District- Buxar ====================================================== Abhay Kumar @ Abhay Kharwar R/o Ramesh Kharwar @ Ramesh R/o Village - Chandauli, P.S.- Chakiya, Dist. - Chandauli, U.P. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Virendra Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 08-04-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for bail in connection with Buxar Cyber P.S. Case No. 55 of 2025 registered for the offence punishable under Sections 318(4), 319(2), 336(3), 338, 340(2), 112, 3(5) of the B.N.S., 2023 and Section 66(D) of the I.T. Act as well as Section 9(1) of the Promotion and Regulation of Online Gaming Act. 3. The case of the prosecution, in short, is that on 28.11.2025, police received an information that in a rented house, Anil Kumar Jaiswal and Aman Kumar Jaiswal have called persons from all over Indian and they are indulged in mobile gaming and cyber fraud. On this input, police reached at the rented house and from there, 31 mobile phones, various SIM Patna High Court CR. MISC. No.19112 of 2026(2) dt.08-04-2026 2/3 cards, 4 laptops, 2 wi-fi router, 82 ATMs, 9 passbooks and 5 cheque-books were recovered. It is also alleged that a total of 18 persons were arrested. 4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that the name of the petitioner finds place in the list and from perusal of the seizure list, it will transpire that only a mobile was recovered from the possession of the petitioner. He further submits that similarly situated other co- accused persons have been granted bail by this court vide Cr. Misc. No. 17486 of 2026. The case of this petitioner stands on similar footing. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 30.11.2025. 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 Patna High Court CR. MISC. No.19112 of 2026(2) dt.08-04-2026 3/3 of the like amount each to the satisfaction of the learned A.C.J.M.-V, Buxar in connection with Buxar Cyber P.S. Case No. 55 of 2025. Sudhanshu/- (Ashok Kumar Pandey, J) U T