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Patna High Court

JHUNJHUN KUMARversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the conditions specified.

Summary

The petitioner, Jhunjhun Kumar, sought anticipatory bail after an FIR alleged that he was involved in extortion calls amounting to Rs. 10 lakh, invoking sections of the Bharatiya Nyaya Sanhita and the Information Technology Act. He contended that he neither owned nor controlled the mobile numbers used for the calls and cited a prior excise case for which he was on bail. The State and the informant opposed the bail application, arguing the seriousness of the offences. The Court examined the allegations, the petitioner’s claim of innocence, and the legal provisions governing anticipatory bail. Considering the circumstances, the Court granted anticipatory bail, directing that if arrested within eight weeks, the petitioner be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita and the Information Technology Act.

Legislation cited

Subjects

  • anticipatory bail
  • extortion
  • cybercrime
  • Information Technology Act
  • Bharatiya Nyaya Sanhita
  • Section 482(2)
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90574 of 2025
                  Arising Out of PS. Case No.-138 Year-2025 Thana- JOGAPATTI District- West Champaran
                 ======================================================
                 Jhunjhun Kumar S/O Chhotelal Mahato R/O Village- Ward No. 19, Fatehpur,
                 Police Station- Yogapatti, District- West Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sarvesh Kashyap, Advocate
                 For the Opposite Party/s :       Md. Shakir Ahmad, A.P.P.
                 For the Informant        :       Mr. Niraj Kumar Sharma, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   24-03-2026                   Heard learned counsel for the petitioner, informant

                   and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 308(2),

                   308(3), 352, 351(2) of the Bharatiya Nyaya Sanhita and Section

                   67 of the Information Technology Act.

                                3. As per F.I.R., informant received extortion calls of

                   Rs. 10 lacs from four unknown mobile numbers.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   is neither owner nor holder of the mobile numbers from which

                   the alleged extortion calls were made. Petitioner has got one

                   criminal antecedent of Excise Act, in which he is on bail.
              Patna High Court CR. MISC. No.90574 of 2025(4) dt.24-03-2026
                                                          2/2




                                     5. Learned A.P.P. for the State as well as learned

                        counsel for the informant vehemently opposed the bail

                        application.

                                     6. Considering backdrop of the case and nature of

                        accusation, this anticipatory bail is allowed and it is ordered that

                        let the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of Judicial Magistrate, Bettiah,

                        West Champaran in connection with Yogapatti P. S. Case No.

                        138 of 2025, subject to condition as laid down under Section

                        482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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