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2026 DAILYLAW 8596 (PAT)

Niraj Kumar @ Niraj v. The State of Bihar

CR. MISC./31606/2026 · 2026-05-07

Ajit Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31606 of 2026 Arising Out of PS. Case No.-14 Year-2026 Thana- Cyber P.S. District- Nawada ====================================================== Niraj Kumar @ Niraj S/o Rajendra Prasad Yadav R/o Village- Kamallpur, PS- Govindpur, Distt.- Nawada ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 07-05-2026 Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in connection with Nawada Cyber P.S. Case No.14 of 2026, F.I.R dated 13.02.2026 registered for the offences punishable under Sections 302(2), 318(2), 318(4), 319(2), 336(3), 340(2), 317(5), 111(2) and 161(2) of the Bharatiya Nyaya Sanhita, 2023. 3. According to prosecution case, in brief, is that on information received from the Economic Crime Unit regarding cyber-crime activities linked to a bank account operated by Singh Gulshan Kumar, the police conducted an inquiry and found multiple complaints registered against the said account from different states. During investigation, it was alleged that the accused persons, including the petitioner, had demanded Patna High Court CR. MISC. No.31606 of 2026(2) dt.07-05-2026 2/4 Rs.2,50,000/- for opening a current account and remained in contact through WhatsApp calls and chats. A mobile phone and SIM card were recovered, a seizure list was prepared, and thereafter the FIR was instituted. 4. Learned counsel for the petitioner by referring to the allegations made in the F.I.R. submits that all such WhatsApp numbers and details of accounts and complaints made at various places across the country, is in no way related with the petitioner and even the mobile number referred in the F.I.R., does not relate to the petitioner and and nothing incriminating article is said to have been seized by the Police, which may find the complicity of this petitioner. It has further been submitted that the petitioner is engaged in preparation of competitive examination and for ulterior reasons, the name of the petitioner has been implicated in this case on the basis of disclosure made by co-accused, namely, Singh Gulshan Kumar. Lastly, it has been submitted that the petitioner has no criminal antecedent. 5. Learned APP for the State opposes the prayer for anticipatory bail application. 6. Considering the aforesaid facts and circumstances that the nothing incriminating is said to have been seized by the Police with respect to this petitioner and the name of the Patna High Court CR. MISC. No.31606 of 2026(2) dt.07-05-2026 3/4 petitioner has transpired in this case on the basis of disclosure made by co-accused, namely, Singh Gulshan Kumar and the petitioner has no criminal antecedent. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioner. 7. Let the petitioner, above named, in the event of his/her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada, in connection with Nawada Cyber P.S. Case No.14 of 2026, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/personal affidavit to show his/her bona fide; (ii) the petitioner(s) 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/her/their bail bond by the Trial Court itself; Patna High Court CR. MISC. No.31606 of 2026(2) dt.07-05-2026 4/4 (iii) the petitioner(s) 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; (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. sharun/- (Ajit Kumar, J) U T