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2026 DAILYLAW 271 (PAT)

PINKU KUMAR v. The State of Bihar

CR. MISC./21175/2026 · 2026-04-03

Rajiv Roy

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21175 of 2026 Arising Out of PS. Case No.-24 Year-2025 Thana- Cyber P.S. District- Nawada ====================================================== PINKU KUMAR S/o UMA SINGH R/o vill - Repura, P.S.- Sitamarhi, Distt.- Nawada ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar, Advocate For the Opposite Party/s : Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 03-04-2026 Heard Mr. Sunil Kumar, learned counsel for the petitioner and the State. 2. The petitioner is in judicial custody in connection with Nawada Cyber P.S. Case No. 24 of 2025 for the offence punishable under Sections 303(2), 318(4), 319(2), 3(5), 61(2) of B.N.S. lodged on 18.02.2025 by the informant, Gopal Kumar. 3. As per the prosecution story, the informant who is having master franchise of Hitachi Payment Service Private Limited came to know about non-functioning of the eight ATM machines in the Nawada Town. Upon watching the camera, it was found that the petitioner uses feviquick in the ATM Card and when the ATM Card goes inside and got stuck, they give the call number which is actually of their own friends who came posing themselves as ATM Engineers, PIN is extracted and Patna High Court CR. MISC. No.21175 of 2026(2) dt.03-04-2026 2/3 thereafter, withdrawals are made. This led to the FIR. 4. Learned counsel for the petitioner submits that he has remained in custody since 19.02.2025, if granted bail, he shall be diligently appearing in trial and shall not indulge in any criminal activities failing which the State can take steps for cancellation of bail bond. 5. Learned APP opposes the prayer submitting that he has criminal antecedent. 6. Considering the submissions of the parties as also that he is in custody since 19.02.2025, an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of bail with conditions. 7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Nawada Cyber P.S. Case No. 24 of 2025 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Driving License/Voter ID/Pan Card etc.) to show his bona fide; Patna High Court CR. MISC. No.21175 of 2026(2) dt.03-04-2026 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. Ravi/- (Rajiv Roy, J) U T