CR. MISC./40435/2026 of Sudhansu Kumar @ Lakku @ Lukku Vs The State of Bihar on 1 July 2026

ORAL ORDER

01-07-2026 Heard learned Advocate for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Cyber (Nawada) P.S. Case No. 06 of 2026, registered for the offences punishable under Sections 303(2), 318(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2), 317(2), 317(5) and 61(2) of the B.N.S., 2023.

3. The police on an information that some persons are indulged in practice of cyber fraud conducted raid and seized some incriminating materials as well as recovered cash of Rs. 25,750/-. In course of raid the police also received an information that near the brick kiln some persons are standing there who are also engaged in cyber crime and on such information when they reached there they found that three Patna High Court CR. MISC. No.40435 of 2026(2) dt.01-07-2026

persons were standing nearby a motorcycle, however, after noticing the police party one person succeeded in fleeing away and two persons were apprehended, who disclosed that the motorcycle belonged to this petitioner.

4. Learned Advocate for the petitioner submitted that only on account of the fact the seized motorcycle belongs to the petitioner his name has been implicated in this case without there being any cogent materials showing the complicity of the petitioner in the crime. Even as per the FIR the petitioner was only found present at the place of occurrence along with the motorcycle and noticing the police party, he fled away and only this is not sufficient to constitute offense much less as alleged in the FIR. It is further submitted that no complaint has ever been made by any person that he was duped by the petitioner. Reason behind the false implication is nothing but the criminal antecedent of petitioner of identical nature, however, the petitioner undertakes that he will fully cooperate in the investigation and the proceeding of the court.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that the apprehended person disclosed the name of the petitioner from whose possession the motorcycle and other incriminating materials have been recovered.

Patna High Court CR. MISC. No.40435 of 2026(2) dt.01-07-2026

6. Considering the submissions advanced by the learned Advocates for the respective parties and taking note of of nature of allegation coupled with the fact that during the course of investigation no cogent material has been collected till date, besides the undertaking of the petitioner that he shall fully cooperate with the proceeding, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Nawada in connection with Cyber (Nawada) P.S. Case No. 06 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further conditions:-

(i) That one of the bailors shall be the own/close family members of the petitioner.

(ii) That in case physical appearance of the petitioner is required in the investigation, he shall cooperate with the investigating officer.

sumit/- (Harish Kumar, J) U T