B.A./10064/2026 of SAGAR NAYAK Vs THE STATE OF JHARKHAND on 4 November 2026

1. Petitioner has been made accused in connection with Jamtara Cyber Crime P.S. Case No. 29 of 2026 registered for the offences under Sections 111(2)(b), 318(4), 319(2), 336(3), 338, 340(2) and 3(5) of B.N.S., 2023 and Section 66-B, 66-C, 66-D of I.T. Act and Section 42(3)(e) of Telecommunications Act, 2023, pending in the court of learned Special Judge, Cyber Crime, Jamtara.

2. Submission has been made on behalf of the petitioner that the petitioner is in judicial custody since 24.05.2026 and the charge has also been framed. As such, the petitioner is no longer required for further investigation. Upon aforesaid premise, prayer for bail of the petitioner has been made.

3. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and very fairly conceded to the fact that the petitioner is having one case of similar nature to his credit. He further submitted that no crime link has been found against the mobile phones/SIM cards which were recovered from the possession of the petitioner.

4. Heard learned counsel for the parties and perused the material available on record.

5. The record reveals that, on the basis of secret information, a raid was conducted at the house of Bishnu Mandal, where

Bishnu Mandal and Sachin Mandal were apprehended. Thereafter, a further raid was conducted on the main road leading to the village Jhiluwa to Siyatanr, where the present petitioner was apprehended and from his possession, two smart mobile phones of different companies along with SIM cards were recovered. During course of investigation, it was found that the SIM cards were issued in the name of Hiralal Rana of Jamtara.

6. Considering the fact that the petitioner is in judicial custody since 24.05.2026, he is having only one case of similar nature to his credit, the charge has already been framed and the charge-sheet has also been submitted as stated by the learned counsel for the petitioner at Bar, this Court is inclined to grant bail to the petitioner.

7. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty-Five Thousand only), with two sureties of the like amount each, out of which one bailer shall be a near relative of the petitioner and the resident of Jamtara District, to the satisfaction of the learned Special Judge, Cyber Crime, Jamtara, in connection with Jamtara Cyber Crime P.S. Case No. 29 of 2026, subject to the following conditions:

(i) The above named petitioner shall file an undertaking at the time of furnishing bail bonds before the court concerned stating therein that he shall not involve himself in similar type of offences in future.

(ii) The above named petitioner shall also file an affidavit after a lapse of every three months from the date of release before the court concerned stating therein that he is not involved/involved in any other similar type of offences on the date of filing of such affidavit before the court concerned.

(iii) Further, the petitioner shall appear before the trial court on each and every date of hearing, except any medical exigency.

8. It is further clarified that if the condition of filing of an affidavit is not complied by the above named petitioner, then it deems to be violation of condition of this bail order and provides a ground for cancellation of bail of the petitioner and the prosecution shall proceed for cancellation of bail of the petitioner by filing an appropriate application before the trial court in accordance with law.

9. In case of further involvement of this petitioner in similar type of cases, the prosecution is at liberty to file an application for cancellation of bail of petitioner before the trial court on the ground of violation of the condition of bail and the trial court shall decide the said application as expeditiously as possible considering the overall circumstances of the case.

(Arun Kumar Rai, J.)

04.11.2026 Umesh./Abhishek