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Patna High Court

Murari KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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