CRIMINAL MISCELLANEOUS 75 of 2024 on 29 December 2024

2

19-08-2025

IN THE HIGH COURT OF JUDICATURE AT PATNACRIMINAL MISCELLANEOUS No.40378 of 2025

Arising Out of PS. Case No.-75 Year-2024 Thana- Cyber P.S. District- Madhepura ======================================================

Krishn Kumar @ Krishn Mohan S/O Mahendra Singh R/O Village- BahuarwaWard no 8, P.S.- Salkhua, District- Saharsa Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application forgrant of regular bail in connection with Madhepura Cyber P.S.Case No. 75 of 2024 dated 29.12.2024 registered for theoffences punishable under Section 303(2), 318(4), 338, 336(3)read with Section 3(5) of B.N.S. and Sections 66C and 66D ofI.T. Act.

3. As per the prosecution case, on secret informationthat four persons assembled near Lakshminia PanchayatBhawan Ram Nagar Road, then the informant along with policepersonnel reached there. On seeing police, four persons tried toflee away from there but with the help of the police personnel they were caught. On being asked, they disclosed their name asKrishan Kumar @ Krishn Mohan (petitioner), Ujjwal Kumar,Rajmani Kumar and Rupesh Kumar. On being searched, oneAadhar Card, 10 ATM Card of different Banks, currency notesof Nepal and two mobiles were recovered from the possessionof the petitioner, Krishan Kumar @ Krishan Mohan. Two ATMcards and one mobile were recovered from the possession of theco-accused, Ujjwal Kumar, four ATM Cards and mobile wererecovered from the possession of Rajmani Kumar, two ATMCards and mobile were recovered from the possession ofRupesh Kumar. It is further alleged that on being asked, thepetitioner Krishan Kumar disclosed that they were withdrawingmoney from different persons after taking OTP and they used todistribute money between them.

4. Learned counsel for the petitioner has submittedthat the petitioner is innocent and has falsely been implicated inthis case on suspicion. Nothing has been recovered from thepossession of the petitioner. There is no specific allegation ofcheating against the petitioner. The petitioner has no concernwith the alleged occurrence. The co-accused person has alreadybeen granted regular bail by this court vide order dated14.05.2025 passed in Cr. Misc. No. 29083/2025. The petitioner Gautam/- UT

has no criminal antecedent as stated in para 3 of the bailpetition. The petitioner is in custody since 30.12.2024.

5. Learned A.P.P. for the State has vehementlyopposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bondof Rs.20,000/- (Rupees Twenty Thousand) with two sureties ofthe like amount each to the satisfaction of learned Courtconcerned, Madhepura in connection with Madhepura CyberP.S. Case No. 75 of 2024, with a condition:-

(i) The petitioner is directed to remain physicallypresent before the learned Court below on each and every date,failing which on two consecutive dates without reasonablecause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J)