Patna High Court
Mithun Kumar Sharma @ Mithun SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the B.N.S.
Summary
Mithun Kumar Sharma filed an anticipatory bail application fearing arrest in a cyber‑crime case (Aurangabad Cyber P.S. Case No. 51 of 2025) involving offences under Sections 318(4), 303(2), 319(2), 336(2), 336(3), 338, 111 of the B.N.S. and Sections 66(c) and 66(d) of the Information Technology Act. The prosecution relied on statements of co‑accused Tinku Kumar and seized documents and a mobile phone to link the petitioner to alleged money‑laundering through gaming transactions. The petitioner contended that he is innocent, has no criminal antecedent, and that his name was maliciously inserted by a political rival. The State opposed bail, arguing the seriousness of the offences. After hearing both sides, the Court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the alleged offences under the B.N.S. and the Information Technology Act
- Whether the allegations of political rivalry and false implication affect the bail consideration
Legislation cited
- B.N.S. — s. 111, 303(2), 318(4), 319(2), 336(2), 336(3), 338, 482(2)
- Information Technology Act — s. 66(c), 66(d)
Subjects
- anticipatory bail
- cyber crime
- political rivalry
- Section 66(c) IT Act
- Section 66(d) IT Act
- B.N.S. offences
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23909 of 2026
Arising Out of PS. Case No.-51 Year-2025 Thana- Cyber P.S. District- Aurangabad
======================================================
Mithun Kumar Sharma @ Mithun Sharma Son of Ramdeshwar Sharma @
Langad Sharma R/O Village - Aanjan, P.S.- Madanpur, District - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukul Kumari, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Aurangabad Cyber P.S. Case No. 51 of 2025
instituted for the offence under Sections 318(4), 303(2), 319(2),
336(2), 336(3), 338 and 111 of B.N.S. and Sections 66(c) and
66(d) of the I.T. Act.
3. The case of the prosecution is that on the basis of
information given by SHO cyber, the informant along with other
police personnel arrived at Madanpur P.S. and interrogated
Chandan Kumar Singh and Tinku Kumar. Tinku Kumar is
alleged to have confessed that he along with Gautam Kumar is
indulged in transactions of money through gaming by use of
Patna High Court CR. MISC. No.23909 of 2026(2) dt.08-05-2026
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bank accounts opened in the name of other persons. Some
documents are alleged to have seized from the house of Tinku
Kumar and a mobile handset belonging to Chandan Kumar
Singh was also seized under the seizure memo.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the name of this
petitioner has surfaced in the confessional statement of co-
accused Tinku Kumar. Learned counsel for the petitioner has
submitted that petitioner is not concerned in any way with the
bank accounts in which transaction of money was done and no
money has been received in his bank account. Nothing has been
recovered from his possession. It has further been submitted that
the petitioner and co-accused are known to have long standing
political rivalry which has resulted in serious enmity in their
family and due to this rivalry, the co-accused has falsely taken
the name of this petitioner in the present case only to settle
political scores and tarnish the reputation of the petitioner. A
statement has been made in para-3 of this petition that the
petitioner has got no criminal antecedent.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioner.
Patna High Court CR. MISC. No.23909 of 2026(2) dt.08-05-2026
3/3
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Aurangabad Cyber P.S. Case No. 51 of 2025,
he will be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned A.C.J.M.-1,
Aurangabad subject to the conditions as laid down under section
482(2) of B.N.S.S.
(Ashok Kumar Pandey, J)
lata/-
U T
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