Patna High Court
Shivajee KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioner subject to bond, sureties and compliance with Section 482(2) conditions.
Summary
Shivajee Kumar applied for anticipatory bail after being implicated in a cyber‑forgery case involving alleged preparation of fake birth certificates and Aadhaar cards. The FIR charges him under Sections 340(2), 338, 336(3), 318(4) and 61(1) of the Bihar Negotiable Sale Act, 202 and Sections 66(c) and 66(D) of the Information Technology Act. The petitioner argued that the main accusation is against a photo shop and its owner, that he has a clean record, and that the allegation against him is vague and general. The State opposed bail, fearing he might abscond or tamper with evidence. The Court, noting the petitioner’s cooperation promise, the grant of anticipatory bail to the alleged mastermind, and imposing a bond of Rs. 25,000 with two sureties, allowed the anticipatory bail subject to Section 482(2) conditions and the possibility of cancellation if he fails to cooperate.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the cyber‑forgery allegations
- Whether the petitioner poses a risk of absconding or tampering with evidence
Legislation cited
- Information Technology Act, 2000 — s. 66(c), 66(D)
Subjects
- anticipatory bail
- cyber offence
- forgery
- IT Act
- Section 482
- bail conditions
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14438 of 2026
Arising Out of PS. Case No.-35 Year-2025 Thana- Cyber P.S. District- Lakhisarai
======================================================
Shivajee Kumar Son of Sri Pawan Thakur Resident of Village- Bhala Tola P.s-
Lakhisarai District -Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mudeet Meet, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 340(2),
338, 336(3), 318(4) and 61(1) of the BNS, 202 read with
Sections 66(c) and 66(D) of the IT Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that he received a secret information about a shop
namely King Photo shop involved in preparing forged and
fabricated birth certificate and Aadhaar card accordingly a raid
was conducted and Saurav was apprehended with forged
documents, a scanner, printer and other devices, further Saurav
revealed that shop belongs to Dharmendra and he works with
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Shiva and they prepare forged documents including birth
certificate and Aadhaar card and charge Rs. 2,000/- per person
and a person namely Sandeep of Lakhisarai helps them in
running the center, further Sharwan is the mastermind and Rohit
and petitioner are also involved in similar activities.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that thrust of
the allegation is against King Photo Shop and its owner
Dharmendra Kumar. It is further submitted that as far as
petitioner is concerned, the allegation against him is general and
omnibus in nature. It is also submitted that Sharwan who is
alleged to be the mastermind had moved this Court seeking
anticipatory bail by filing Criminal Miscellaneous No. 15306 of
2026 and the same came to be allowed by a learned Co-ordinate
Bench by order dated 23.03.2026.
5. Learned A.P.P. for the State opposes the
anticipatory bail application of the petitioner and submits that of
late, cyber offences in the State of Bihar has increased and if
privilege of anticipatory bail is granted, the petitioner may
abscond or try to tamper with the evidence when interrogation
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in the case of the petitioner is required for eliciting the truth, but
then is not in a position to rebut the submission of the learned
counsel appearing on behalf of the petitioner that Sharwan has
been granted the privilege of anticipatory bail.
6. At this stage, the learned counsel appearing on
behalf of the petitioner submits that if privilege of anticipatory
bail is granted, the petitioner will not abscond rather will
cooperate in the investigation to prove his innocence.
7. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two
sureties of the like amount each to the satisfaction of the learned
trial court where the case is pending/successor court in
connection with Lakhisarai Cyber P.S. Case No. 35 of 2025
subject to the conditions as laid down under Section 482 (2) of
BNSS.
8. One of the bailors of the petitioner shall be his
father, Pawan Thakur.
9. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
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learned Trial Court bringing to its notice that petitioner despite
giving assurance to this Court is not co-operating in the
investigation, in that event the learned Trial Court shall be at
liberty to cancel the bail bonds of the petitioner.
10. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
11. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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