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2026 DAILYLAW 20774 (PAT)

Praveen Kumar Giri @ Parbeen Kumar Giri @ Praveen Kumar v. The State Of Bihar

CR. MISC./40278/2026 · 2026-06-24

Ashok Kumar Pandey

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40278 of 2026 Arising Out of PS. Case No.-85 Year-2026 Thana- Cyber P.S. District- Gopalganj ====================================================== Praveen Kumar Giri @ Parbeen Kumar Giri @ Praveen Kumar S/o Anil Kumar Giri @ Anil Giri R/o Vill-Baliwan Sagar, P.S- Vishambharpur, Distt- Gopalganj ... ... Petitioner/s Versus The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Devashish Giri, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 24-06-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 318(4), 319(2), 336, 337, 338, 339, 340 of BNS, Sections 66, 66-C, 66- D, 73 and 74 of I.T. Act and Sections 35, 36, 37, 38, 39 and 40 of the Aadhaar (Targeted Delivery of Financial and Others Subsidies, Benefits and Services), Act, 2016. 3. The case of the prosecution is that in CSP Center of one Ashu Kumari, a cabin was checked which was informed by one Vicky Kumar and he said that the cabin belongs to this petitioner. From that cabin, one computer and from the browsing history, it was found that there were two websites Patna High Court CR. MISC. No.40278 of 2026(2) dt.24-06-2026 2/3 “anayartps.xyz” and “Vview.xyz” but the websites could not be opened as the police was not having the passwords. It is further alleged that Iris printout, silicon fingerprints, aadhaar card, voter ID and eye scanner were recovered from the said cabin. Later on, the petitioner was apprehended and he disclosed that he was indulged in making aadhaar card. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of the petitioner. Recovery, if any, has been made from the CSP Center of Ashu Kumari. As per the case of the prosecution while making seizure, the petitioner was not present but from perusal of the seizure list, it transpires that there is signature of the petitioner on the seizure list, this again falsifies the case of the prosecution. It has further been submitted that save and except the recovery of articles as displayed in the seizure list, there is nothing against him and the recovery too has not been made from his possession. Rest of the FIR is based on the basis of confessional statement of this petitioner which is not admissible in the eye of law. Moreover, the petitioner is languishing in judicial custody since 09.05.2026 having no criminal antecedent. Patna High Court CR. MISC. No.40278 of 2026(2) dt.24-06-2026 3/3 5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail. 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 released on bail in connection with Gopalganj Cyber P.S. Case No. 85 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj. Shubham/- (Ashok Kumar Pandey, J) U T