Patna High Court
Ajay Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
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
- Bharatiya Nyaya Sanhita — s. 318(4), 319(2), 336(2), 336(3), 338
- Information Technology Act, 2000 — s. 66(C), 66(D)
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/-
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