Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90875 of 2025 Arising Out of PS. Case No.-89 Year-2025 Thana- KASHICHAK District- Nawada ======================================================
1. Nitish Kumar, S/o Mantush Raut,
2. Mantush Raut, S/o Vishwanath Raut Both are R/o Village - Kasturi Bigha, P.S.- Kashichak, District - Nawada, ... ... Petitioners Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Nayan, Advocate For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 11-02-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The accused/petitioners are named in the FIR and apprehending their arrest in connection with Kashichak P.S. Case No.89 of 2025 registered under Sections 303(2), 318(2), 318(4), 338, 319(2), 336(3), 340(2), 111, 61(2) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short ‘BNS’) as well as Sections 66, 66-C, 66-D of the I.T. Act. 3. As per FIR, on 25.05.2025 at about 12:30 PM, the informant received an information that some persons are committing cyber fraud and as such, he along with other police personnel went there and found that 8-10 persons were indulged in cyber fraud and started fleeing away, however,
Patna High Court CR. MISC. No.90875 of 2025(2) dt.11-02-2026 2/3 police party nabbed two persons, who disclosed the name of petitioners and others as their associates, who fled away from the spot. 4. Learned counsel appearing for the petitioner submits that name of petitioner no.1 transpired in this case on the basis of disclosure made by apprehended co-accused Nitish Kumar and Aman Kumar. It is submitted that investigation on all material aspects has been completed in this case and therefore, sending the petitioner to jail shall not serve any judicial purpose. It is pointed out that the custodial interrogation of petitioners is not required in this case. It is submitted that petitioner no.2 has been implicated with this case only for the reason that he is the father of petitioner no.1 and to know about the occurrence, he visited the place of occurrence but, as police chased gathered person, he also ran away from the place of occurrence living his motorcycle thereof and mere on the basis of his motorcycle, which is in the name of petitioner, the petitioner was implicated with present crime in question.
It is submitted that the seized motorcycle has no connection with alleged cyber fraud. 5. Learned APP opposed the prayer of bail. 6. In view of aforesaid factual submissions and by
Patna High Court CR. MISC. No.90875 of 2025(2) dt.11-02-2026 3/3 taking note of fact as nothing transpired against petitioners no.1 except suspicion out of disclosure made by apprehended co- accused persons and also petitioner no.2 appears implicated in present prima facie being father of petitioner no.1, where seized motorcycle prima facie nowhere appear connect petitioner no.2 with alleged cyber fraud, accordingly, both petitioners, above- named, are directed to be released on bail, in the event of their arrest or surrender in the court below within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate- VI, Nawada in connection with Kashichak P.S. Case No.89 of 2025, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS. Sanjeet/- (Chandra Shekhar Jha, J.) U T