Patna High Court
Satish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, subject to bond and conditions, finding no sufficient ground to deny bail.
Summary
Satish Kumar was arrested following a police raid that recovered several mobile phones and SIM cards, leading to a cyber‑crime FIR charging him under multiple sections of the B.N.S., 2023 and the Information Technology Act. The petitioner contended that the FIR was vague, that he was falsely implicated, and that there was no demand for money or evidence of cyber fraud, emphasizing his clean antecedent and that a chargesheet had already been filed. The State opposed the bail application. The court, considering the nature of the allegations, the petitioner’s clean record, his period of custody since 22‑10‑2025, and the submission of the chargesheet, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S. and other stipulated terms. The bail order required the petitioner’s presence at court dates and stipulated cancellation of bail upon repeated non‑appearance.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the cyber‑offences alleged.
- Whether the FIR complies with the procedural requirements of Sections 103 and 105 of the B.N.S., 2023.
- Whether Section 480(3) of the B.N.S., 2023 permits bail in the present circumstances.
Legislation cited
- B.N.S., 2023 — s. 103, 105, 111, 303(2), 317(2), 317(5), 318(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2), 480(3), 61(2)
- Information Technology Act — s. 66, 66B, 66C, 66D
Subjects
- bail
- cyber crime
- IT Act
- mobile phone seizure
- clean antecedent
- FIR
- Section 480(3)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90509 of 2025
Arising Out of PS. Case No.-165 Year-2025 Thana- Cyber P.S. District- Nawada
======================================================
Satish Kumar Son of Umesh Prasad, Resident of Village- Fataha, P.S.-
Warisaliganj, District- Nawada.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. N.K. Agrawal, Sr. Advocate
Mr. Nilendu Kr. Choudhary, Advocate
Mr. Kundan Sandilya, Advocate
For the State : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 23-02-2026 Heard learned senior counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Cyber P.S. Case No. 165 of 2025 dated
21.10.2025, registered for the offences punishable under Sections
303(2), 318(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2), 111,
317(2), 317(5) and 61(2) of the B.N.S., 2023 and Sections 66,
66B, 66C and 66D of the Information & Technology Act.
3. As per the prosecution case, police started
conducting raid against the user of mobile no. 8167480408 and
when the police party reached the identified place, they found five
persons sitting in a Scorpio vehicle doing something with mobile
phones. Thereafter, the five persons were searched and a number
of mobile phones and two SIM cards were recovered from the
accused persons. From the petitioner, recovery of a smart mobile
Patna High Court CR. MISC. No.90509 of 2025(4) dt.23-02-2026
2/3
phone was made against which there was a complaint from the
State of Karnataka.
4. Learned senior counsel appearing on behalf of the
petitioner submits that petitioner has falsely been implicated in the
present case. The FIR has been lodged with completely vague
allegations. There is no demand of money in any manner and for
merely possessing a mobile phone, the petitioner could not be put
behind the bar any longer. From the whole FIR no offence is made
out against the petitioner. Though there is allegation that a
complaint was lodged against the IMEI number of the petitioner,
the details are missing and there is no allegation that the said
number was used to demand extortion or for committing some
cyber fraud. There is no proper compliance of Sections 103 and
105 of the B.N.S.S., 2023. Learned senior counsel next submits
that petitioner is having clean antecedent and chargesheet has been
submitted. Learned senior counsel lastly submits that petitioner is
in custody since 22.10.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation against the petitioner and also considering his
clean antecedent, his period of custody and submission of
Patna High Court CR. MISC. No.90509 of 2025(4) dt.23-02-2026
3/3
chargesheet, the petitioner, above-named, is directed to be released
on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-VI,
Nawada / concerned Court, in connection with Cyber P.S. Case
No. 165 of 2025, subject to the condition laid down under Section
480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates or
in violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
Checking your session…