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Patna High Court

Ajay Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioner, subject to a bond of Rs.20,000 and two sureties of equal amount.

Summary

The petitioner, Ajay Kumar Sah, was arrested in connection with a case registered on 22.08.2025 for offences under several sections of the Bharatiya Nyaya Sanhita and the Information Technology Act. He pleaded that he has no prior criminal record, the investigation against him was completed, and the investigating officer failed to conduct any technical examination of electronic evidence or record statements of persons for whom residential certificates were allegedly issued from his cyber cafe. The petitioner also highlighted that a co‑accused, Rajan Kumar, had been granted bail in a related matter. The State opposed the bail application. Considering the petitioner’s young age, lack of antecedent, completion of investigation and the deficiencies in the evidentiary record, the Court inclined to release him on bail, directing a bail bond of Rs.20,000 with two sureties of the same amount.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under Sections 319(2), 318(4), 336(2), 338, 336(3) of the Bharatiya Nyaya Sanhita and Sections 66(C), 66(D) of the Information Technology Act.
  • Whether the completion of investigation and lack of electronic evidence collection justify granting bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • cybercrime
  • Information Technology Act
  • Bharatiya Nyaya Sanhita
  • electronic evidence
  • investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86965 of 2025
                  Arising Out of PS. Case No.-38 Year-2025 Thana- GARVANDANGA District- Kishanganj
                 ======================================================
                 Ajay Kumar Sah, Son of Dilip Lal Sah R/o Ward No. 06, Jiyapokher, P.S.-
                 Jiyapokher, District - Kishanganj
                                                                        ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :     Mr. Mritunjay Kumar, Advocate
                 For the State              :     Mrs. Madhuri Lata, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   09-01-2026                          Heard Mr. Mritunjay Kumar, learned counsel for

                   the Petitioner and           Mrs. Madhuri Lata, learned APP for the

                   State.

                                  2. Petitioner seeks regular bail in connection with

                   Garbandanga P.S. Case No. 38 of 2025 dated 22.08.2025

                   registered for the offence punishable under Sections 319(2),

                   318(4), 336(2), 338 and 336(3) of the Bharatiya Nyaya Sanhita

                   and Sections 66 (C) and 66(D) of the I.T. Act.

                                 3. The main submissions advanced by the petitioner’s

                   counsel are that the petitioner bears no criminal antecedent and

                   has been languishing in jail since 23.08.2025, and against him,

                   the investigation has been completed. It is further submitted that

                   the investigating officer has not conducted any technical

                   examination to collect electronic evidence to show the

                   connection of the computers allegedly used by the petitioner in
           Patna High Court CR. MISC. No.86965 of 2025(2) dt.09-01-2026
                                                       2/2




                     his cyber cafe while issuing the alleged residential certificates,

                     further, the I.O. did not record the statements of the concerned

                     persons in whose favour the alleged residential certificates are

                     said to have been issued from the petitioner’s cyber cafe. It is

                     lastly submitted that one co-accused, namely Rajan Kumar, has

                     been granted bail by the learned co-ordinate Bench of this Court

                     vide order dated 16.12.2025 passed in Cr. Misc. No. 86100 of

                     2025.

                                  4. Learned APP for the State has opposed the prayer

                     for bail of the petitioner.

                                  5. Considering the aforesaid submissions and mainly

                     the petitioner’s young age and the completion of investigation

                     against him and his custody period, this Court is inclined to

                     release him on bail. Accordingly, let the petitioner named-above

                     be released on bail on furnishing bail bond of Rs. 20,000/-

                     (Rupees Twenty Thousand) with two sureties of the like amount

                     each to the satisfaction of the concerned Court in connection

                     with Garbandanga P.S. Case No. 38 of 2025.



                                               (Shailendra Singh, J)
maynaz/-

U     T


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