Nitin Kumar v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER Mr. Dheeraj Kumar, Advocate Mr. Sanjay Kumar Singh, APP 2 16-12-2025 Heard Mr. Dheeraj Kumar, learned counsel for the petitioner and Mr. Sanjay Kumar Singh, learned APP for the State.

The petitioner has prayed for bail in connection with Nalanda Cyber P.S. Case No. 85 of 2025 registered for the offence punishable under Sections 318(4), 319(2), 336(3), 112(2), 338 of the B.N.S., 2023 and Section 66D of the I.T. Act.

The case of the prosecution in short is that one suspected mobile no. [REDACTED] was detected on the NCRP portal, and the location of that mobile phone was found at village Lakhachak. Further, upon searching the CEIR portal, the alleged mobile number has also been used in IMEI No.

860093060926262. The informant went to village Lakhachak to verify the users of the alleged mobile, where the informant Patna High Court CR. MISC. No.86180 of 2025(2) dt.16-12-2025 informed that some persons were involved in cyber crime in a newly constructed house near Lakhachak Talab, and subsequently the informant raided that very house, and two persons were caught while being chased, who disclosed their names as petitioner and Chhote Pandit. Upon search, few mobiles and many passbooks were recovered.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner submits that it is not clear from the FIR as to whose house was raided, and the seizure list also is not clear as to from whom what was recovered. It has also been submitted that while making the seizure, police have not complied with Section 105 of the BNSS. He further submits that there is no allegation against the petitioner that he has committed cyber fraud against anyone. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 17.08.2025.

The application for bail is opposed by the learned APP for the State and submits that from the possession of petitioner and Chhote Pandit, few mobiles and many passbooks were recovered.

Having heard learned counsel for the parties and Patna High Court CR. MISC. No.86180 of 2025(2) dt.16-12-2025 considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Nalanda Cyber P.S. Case No. 85 of 2025. Sudhanshu/- U T (Ashok Kumar Pandey, J)