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Patna High Court

Satish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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