Patna High Court
Shibkaran Kumar @ Shivkaran KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied because the petitioner was apprehended in possession of the mobile phone used to commit the cyber fraud, indicating a strong likelihood of tampering with evidence and a risk to the trial process.
Summary
The petitioner, Shibkaran Kumar, was arrested in Nawada for alleged cyber fraud after police traced the location of a mobile phone used in the crime and seized it along with incriminating material. He applied for regular bail, claiming false implication, a clean record, and willingness to cooperate. The prosecution opposed bail, citing a self‑incriminatory statement and the recovery of the phone containing evidence. The court noted that the petitioner was caught red‑handed with the device used to commit the fraud, deeming him a flight risk and a danger to the investigation. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to a person arrested for cyber fraud when the alleged instrument of the offence was seized from him on the spot.
Legislation cited
- B.N.S. — s. 303(2), 318(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2)
Subjects
- bail
- cyber fraud
- mobile phone evidence
- criminal procedure
- possession of incriminating instrument
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68910 of 2025
Arising Out of PS. Case No.-70 Year-2025 Thana- NAWADA District- Nawada
======================================================
Shibkaran Kumar @ Shivkaran Kumar Son of Late Anil Singh Resident of
Village - Simri Dih, P.S. - Warisaliganj, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Man Mohan Kumar, Advocate
For the Opposite Party/s : Mr.Jharkhandi Upadhyaya, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 19-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Nawada Cyber P.S. Case No. 70/2025 registered for the offences
punishable under Sections 303(2), 318(2), 318(4), 319(2),
336(2), 336(3), 338, 340(2) of B.N.S.
3. As per the prosecution case, police on the basis of
the tower location of the mobile phone which was used for
committing cyber fraud conducted a raid and the petitioner was
caught on the spot.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Petitioner has
clean antecedent and he is in custody since 20.05.2025. The
petitioner undertakes to co-operate in the case/ trial.
Patna High Court CR. MISC. No.68910 of 2025(6) dt.19-03-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner on the ground that petitioner
has given a self-inculpatory statement that the mobile from
which the fraud was done was recovered and incriminating
materials have been found in the mobile phone
6. Considering the fact that the petitioner is a cyber
fraud and has been caught on the spot along with the mobile
phone which was used for committing cyber fraud, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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