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Patna High Court

Bharat KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to specified conditions.

Summary

The petitioner, Bharat Kumar, was arrested along with four others during a police raid on a Scorpio vehicle, where two mobile phones were recovered from his possession. He faces multiple offences under the Bhartiya Nyaya Sanhita, 2023 and the Information Technology Act, including sections relating to homicide, grievous hurt, and cyber offences. The petitioner contended that no fraudulent activity was traced to his phones and cited a similar bail grant to Satish Kumar in a related case. The State opposed bail, citing the seriousness of the charges. After considering the submissions, the court granted bail on a cash bond of Rs.10,000 with two sureties, imposing conditions such as regular court appearances, cooperation in trial, and restrictions on tampering with evidence.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bhartiya Nyaya Sanhita and the IT Act
  • Whether the petitioner’s alleged lack of fraudulent activity and the precedent of bail in a similar case justify release

Legislation cited

Subjects

  • bail
  • cyber crime
  • Information Technology Act
  • Bhartiya Nyaya Sanhita
  • pre‑trial detention
  • court conditions
  • mobile phone seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3866 of 2026
                       Arising Out of PS. Case No.-165 Year-2025 Thana- Cyber P.S. District- Nawada
                 ======================================================
                 Bharat Kumar, S/o Sikandar Yadav, Resident of - Barui, P.S - Shekhopura
                 Sarai, District - Sheikhpura
                                                                        ... ... Petitioner/s

                                                         Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. N.K. Agrawal, Sr. Advocate with
                                                   Dr. Manoj Kr. Advocate
                                                   Mrs. Kshem Sharma,Advocate
                                                   Mr. Deepak Kumar, Advocate
                 For the Opposite Party/s :        Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   24-02-2026                   Heard learned senior counsel for the petitioner and

                   learned A.P.P. for the State.

                                 2. The petitioner seeks bail in connection with

                   Nawada Cyber P.S. Case No. 165 of 2025 dated 21.10.2025

                   instituted for the offence 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 Bhartiya Nyaya Sanhita, 2023 and Section

                   66, 66(B), 66(C), 66(D) of the Information Technology Act.

                                 3. The prosecution case, in short, is that on the alleged

                   date of occurrence, the informant along with team conducted a

                   raid in connection with Sanha No. 352 which was registered

                   against the user/holder of Mobile No. 8167480408. During raid
Patna High Court CR. MISC. No.3866 of 2026(3) dt.24-02-2026
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          at about 14.34 hrs, they found that five persons were sitting

          inside a Scorpio vehicle bearing Registration No. BR-01-JQ-

          6777, actively operating mobile phones. The police apprehended

          them and on search, two smart mobile phones were recovered

          from the possession of the petitioner and several mobile phones

          and other incriminating articles were recovered from the

          possession of the other accused persons. It is alleged that all the

          accused persons including the petitioner were indulged in cyber

          crime activities.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and he has been falsely implicated in this

          case. Learned counsel for the petitioner further submits that five

          persons including the petitioner were apprehended along with a

          Scorpio. From the possession of the petitioner, two mobile

          phones were recovered, but no fraud or any transactions were

          found to be done through his mobile phones. Only one

          complaint case bearing Complaint Case No. 209092500077157

          was lodged in the State of Tamilnadu against the mobile phones

          of the petitioner. It is further submitted that similarly situated

          person, namely, Satish Kumar was found in possession of two

          mobile phones against which, several complaint cases were

          lodged in the several states of India. The said Satish Kumar has
Patna High Court CR. MISC. No.3866 of 2026(3) dt.24-02-2026
                                            3/4




          been granted bail vide order dated 23.02.2026 passed by a co-

          ordinate Bench of this Court in Criminal Miscellaneous No.

          90509 of 2025. Lastly, it has been submitted that the petitioner

          is in custody since 22.10.2025 having no criminal antecedents.

          Charge-sheet has been submitted in the case.

                       5. Learned A.P.P. has opposed the prayer for bail of

          the petitioner.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, let

          the petitioner be released on bail upon furnishing bail bonds of

          Rs. 10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of the learned Additional Chief Judicial

          Magistrate-VI, Nawada in connection with Nawada Cyber P.S.

          Case No. 165 of 2025, subject to the following conditions:-

                          1. Petitioner shall co-operate in the trial and shall

                          be properly represented on each and every date

                          fixed by the Court and on his absence on two

                          consecutive dates without sufficient reason, his bail

                          bond shall be cancelled by the Court below.

                          2. One of the bailors will be his own blood relation,

                          preferably father, mother, brother, sister and or his

                          wife.
           Patna High Court CR. MISC. No.3866 of 2026(3) dt.24-02-2026
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                                     3. The bailor shall also state on affidavit that he

                                     will inform the court concerned if the petitioner is

                                     made accused in any other case of similar nature

                                     after his release in the present case and thereafter

                                     the court below will be at liberty to initiate the

                                     proceeding for cancellation of bail on ground of

                                     misuse.

                                     4. If the petitioner tampers with the evidence or the

                                     witnesses, in that case, the prosecution will be at

                                     liberty to move for cancellation of bail.

                                     5. The petitioner within two weeks after his release

                                     from custody shall appear before the local police

                                     station along with a copy of this order and

                                     thereafter shall appear in the first week of every

                                     month to mark his attendance till framing of

                                     charge.


                                                                         (Khatim Reza, J)

premchand/-

U      T


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