Patna High Court
Navin Kumar @ BhonuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The court granted regular bail to the petitioner subject to bond and conditions.
Summary
The petitioner, Navin Kumar, applied for regular bail in a cyber‑related case (Cyber P.S. No.165 of 2025) involving multiple serious offences under the Bihar Narcotic Substances Act and the Information Technology Act. The prosecution alleged that during a raid on 21‑Oct‑2025, the petitioner’s vehicle and possessions yielded several smartphones, a SIM card, and a motorcycle, linking him to the offences. The petitioner’s counsel contended that he was merely the owner of the seized motorcycle and that no incriminating articles were found in his personal possession, asserting his innocence. The State opposed bail, emphasizing the gravity of the charges. Considering the length of custody since 22‑Oct‑2025 and the lack of direct evidence against the petitioner, the court ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions of physical presence at trial and a family member as bailor.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the BNS Act and the IT Act
- Whether the evidence recovered from the vehicle and motorcycle establishes sufficient grounds to deny bail
Legislation cited
- Bihar Narcotic Substances Act — s. 111, 303(2), 317(2), 317(5), 318(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2), 61(2)
- Information Technology Act, 2000 — s. 66, 66B, 66C, 66D
Subjects
- regular bail
- cyber crime
- IT Act
- Bihar Narcotic Substances Act
- custody
- bail conditions
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1173 of 2026
Arising Out of PS. Case No.-165 Year-2025 Thana- Cyber P.S. District- Nawada
======================================================
Navin Kumar @ Bhonu Son of Mr. Bhola Prasad R/O Village- Sumka, P.S.-
Ariyari, District- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Vaishnavi Singh
For the Opposite Party/s : Mr. Shantanu Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Cyber P.S. Case No. 165
of 2025 registered for the offences punishable under Sections
303(2), 318(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2), 111,
317(2), 317(5), 61(2) of the BNS and Sections 66, 66B, 66C,
and 66D of the Information and Technology Act.
3. As per the prosecution story, the informant has
conducted a raid on 21.10.2025, in connection with Sanha No.
352, which was registered against the user/holder of mobile
number 8167480408. During raid at about 14:34 hours, when
the police team reached behind village Mirvigha near Vijay
Prasad’s brick kiln, they found that five persons were sitting
Patna High Court CR. MISC. No.1173 of 2026(2) dt.15-01-2026
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inside a Scorpio vehicle bearing Registration No. BR-01 JQ-
6777, actively operating mobile phones, and on seeing the
police they became nervous but were immediately surrounded
by the police force. During search, from the possession of
Naveen Kumar @ Bhonnu (petitioner), multiple OPPO and
Vivo company smart mobile phones with different IMEI
numbers, one Jio SIM card, and an Apache motorcycle bearing
Registration No. BR-21Q-7193 were recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
present case. No such occurrence, as alleged by the prosecution,
has in fact taken place, and it has been wrongly stated in the
First Information Report that five persons were apprehended
from a Scorpio vehicle while allegedly being engaged on mobile
phones. Learned counsel further submits that the petitioner is
only the owner of seized motorcycle and except this, no
incriminating article whatsoever has been recovered from the
possession or conscious possession of the petitioner, and
therefore his implication in the present case is wholly
unjustified. Petitioner is in custody since 22.10.2025
5. Learned A.P.P. appearing on behalf of the State has
vehemently opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.1173 of 2026(2) dt.15-01-2026
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6. Keeping in view the aforesaid facts and considering
the period under custody, let the petitioner, above named, be
released on bail after framing of charge on furnishing bail
bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Additional Chief
Judicial Magistrate, VI, Nawada in connection with Cyber P.S.
Case No. 165 of 2025 subject to the following conditions :-
(i). Petitioner will remain physically present in trial on
each and every date till the disposal of the case failing which, on
two consecutive dates without reasonable cause, the bail bond of
the petitioner may be cancelled by the Trial Court.
(ii). One of the bailor shall be his family member.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
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