Patna High Court
Murari KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Murari Kumar was arrested in connection with a cyber‑fraud case (Cyber P.S. Case No. 163 of 2025) after a mobile phone and a six‑page handwritten copy were seized from him. He was charged under several sections of the Bihar Narcotic Substances Act, 2023 and the Information Technology Act, 2000. The petitioner argued that he was innocent, had no prior criminal record, and that the evidence was merely a copy and a phone with no specific allegation of cheating, citing that a co‑accused in a similar case had already been granted bail. The State opposed the bail, contending the seriousness of the offences. The High Court, after considering the circumstances, granted regular bail on a bond of Rs 10,000 with two sureties, directing his release. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether regular bail should be granted to the petitioner in a cyber‑fraud case under the Bihar Narcotic Substances Act, 2023 and the IT Act, 2000.
- Whether the seizure of a mobile phone and a handwritten copy suffices to justify continued detention.
- Whether the petitioner’s lack of antecedents and the precedent of bail in a similar case warrant release.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 111, 303, 317, 318, 319, 336, 338, 340, 61
- Information Technology Act, 2000 — s. 66, B, C, D
Subjects
- bail
- cyber fraud
- Information Technology Act
- Bihar Narcotic Substances Act
- regular bail
- seizure of evidence
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91218 of 2025
Arising Out of PS. Case No.-163 Year-2025 Thana- Cyber P.S. District- Nawada
======================================================
Murari Kumar Son of Late satyadev singh @ Satyadeo singh Resident Of
Village - Handiya, Ps- Nardiganj, Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shankar Kumar, Advocate
Mr. N.K. Agarwal, Sr.Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 05-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 303 (2),
318 (4), 319 (2), 336 (2), 338, 336 (3), 340 (2), 111, 317 (2) (5)
and 61 (2) of the BNS, 2023 and Sections 66, 66(B), 66 (c)
and 66 (D) of the Information Technology Act, 2000.
3. The case of the prosecution is that from the
possession of this petitioner, one redmi mobile and one small
copy consisting of six pages was recovered on which names of
several persons were written in red ink. Accordingly, a seizure
Patna High Court CR. MISC. No.91218 of 2025(3) dt.05-02-2026
2/3
list was prepared.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted only a
copy and mobile phone have been recovered from the
possession of this petitioner and there is no specific allegation
that the petitioner has cheated any person. It is contended that
the police has merely presumed the case to be one of Cyber
Frauds. Moreover, the petitioner is languishing in judicial
custody since 16.10.2025 having no criminal antecedent. It has
also been submitted that similarly situated other co-accused
person has already been granted bail by this court vide Cr.
Misc. No. 91210 of 2025. The case of this petitioner stands on
similar footing.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Cyber P.S. Case No. 163 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.91218 of 2025(3) dt.05-02-2026
3/3
ACJM-VI, Nawada.
(Ashok Kumar Pandey, J)
Shubham/-
U T
Checking your session…