CR. MISC./29418/2026 of Mohit Kumar Vs The State of Bihar on 9 July 2026

ORAL ORDER

09-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Kankarbagh P.S. Case No. 867 of 2025 for the offences punishable under Sections 303(2), 317(5), 318(4) and 3(5) of B.N.S., 2023 and Section 66(c) of the Information Technology (Amendment) Act, 2000.

3. The prosecution case in brief is that one Sub- Inspector Avinash Kumar presently posted in Kankabagh P.S. on dated 13/09/2025 at 21:00 hours he alongwith other police officials were checking vehicle near Dena bank Ashok Nagar three persons came on a motorcycle from side of Shivajee park, the said motorcycle was given signal to stop his bike, on seeing the police officials they all tried to fled away from the spot they were apprehended by the police officials. Anyhow one person managed to escape from the spot but two persons were apprehended with the motorcycle. Names of the apprehended persons revealed as Roshan Kumar and Jitendera Kumar (present petitioner). During formal search of petitioner two mobile phones make of OPPO were recovered from the possession of petitioner in locked condition and petitioner was unable to unlock the said mobile phone. During interrogation he disclosed that both the mobile phones are stolen property. The petitioner further discloses that he use to do cyber frauds and residing in a rented accommodation in Ashok Nagar Road No 11 and the money obtained by cyber fraud is also kept at his house and by the some frauded money he purchased ornaments, thereafter the petitioner lead the police officials to his rented accommodation at Ashok Nagar Road No. 11. During search of the said room Rs. 1 lakh 80 thousand in cash, two airtel company 5g sim, 38 sim cards, voter I.D card in the name of Mohit Kumar, S/o Santosh Kumar, ATM card in the name of Sanjeet Kumar of Central Bank of India, ATM card bearing no. 48**96 of Kotak Bank, ATM card of Central Bank in the name of Suman Kumar, ATM card of Central Bank in the name of Govind Kumar, ATM card of IDFC Bank in the name of Niraj

Kumar Giri, Invoice of Maniratnam Jewellers in the name of Mohit Kumar of Rs. 40574/-, invoice of Anchal Alankar jewellers in the name of Mohit Kumar of Rs. 37400/-, Mobile phone make of infinix, mobile phone make of HMD,Mobile phone make of One plus both in lock condition and mobile phone make of Narzo were recovered and same were seized by the I.O.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that petitioner has been made an accused in the present case merely on the basis of disclosure made by apprehended co-accused persons, Raushan Kumar and Jitendra Kumar and nothing has been recovered from the conscious possession of the petitioner.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that petitioner is room partner of co- accused person, namely, Raushan Kumar and recovery has been made from the room of the petitioner and Raushan where Rs. 1

lakh 80 thousand in cash, two airtel company 5g sim, 38 sim cards, voter I.D card in the name of Mohit Kumar, number of ATM Cards of different banks, invoice of jewelry etc., were recovered from the room of the petitioner.

6. Considering the allegation as alleged in the F.I.R, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Kankarbagh P.S. Case No. 867 of 2025 pending in the court of learned ACJM-11, Patna Sadar/concerned Magistrate, Patna Sadar.

Gaurav Sinha/- (Rajesh Kumar Verma, J) U T