Patna High Court
Bharat KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Bhartiya Nyaya Sanhita, 2023 — 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 — s. 66, 66(B), 66(C), 66(D)
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
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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
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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.
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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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