Pramod Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

Pramod Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted - petitioner to be enlarged on furnishing bail-bond of Rs. 20,000 with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Nawada, subject to the condition of physical presence before the Court below on each date (cancellation of bail bond on two consecutive unjustified absences).

Issue for consideration

Whether the petitioner, arrested and implicated in Cyber P.S. Case No. 68 of 2024 (alleged fraud in the name of giving franchise, prosecuted under Sections 303(2), 318(2), 318(4), 338, 319(2), 336(2), 336(3), 340(2), 111 and 61(2) of the B.N.S.), should be granted regular bail.

Court's answer

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner is directed to be enlarged on bail on furnishing a bail-bond of Rs. 20,000 (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned J.M. Ist Class, Nawada, in connection with Cyber P.S. Case No. 68 of 2024.

Ratio / Principle

Bail is further conditioned on the petitioner remaining physically present before the learned Court below on each and every date; failure to appear on two consecutive dates without reasonable cause renders the petitioner's bail bond liable to be cancelled.

Detailed headnote1 paragraphs

Bail - Regular bail - Cyber fraud / franchise-scam case - Cyber P.S. Case No. 68 of 2024, District Nawada, registered u/ss 303(2), 318(2), 318(4), 338, 319(2), 336(2), 336(3), 340(2), 111 and 61(2) B.N.S. - Petitioner arrested with recovery of one mobile phone and a motorcycle; WhatsApp chat regarding fraud found on search; co-accused disclosed involvement in fraud in the name of giving franchise - Co-accused already enlarged on bail (order dt. 22.04.2025 in Cr. Misc. No. 18899 of 2025); petitioner in custody since 09.12.2024 - Having regard to facts, circumstances and period of custody, bail granted on bail-bond of Rs. 20,000 with two like-amount sureties to the satisfaction of J.M. Ist Class, Nawada, conditioned on physical presence before the trial court on every date; absence on two consecutive dates without reasonable cause makes the bail bond liable to cancellation.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17619 of 2025

Arising Out of PS. Case No.-68 Year-2024 Thana- Cyber P.S. District- Nawada

======================================================

Pramod Kumar Son of Naresh Das village- Chakwai, Ps- Warisaliganj, DistNawada

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Deepak Kumar For the Opposite Party/s : Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

4 12-08-2025

Heard learned counsel for the petitioner and learned

A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Cyber P.S. Case No. 68 of 2024 dated 08.12.2024 registered for the offences punishable under Sections 303(2), 318(2), 318(4), 338, 319(2), 336(2), 336(3), 340(2), 111 and 61(2) of the B.N.S.

3. As per the prosecution case, the police arrested the petitioner and the other co-accused persons and recovered one mobile phone and a motorcycle from the possession of the petitioner and mobiles and motorcycle were also recovered from the possession of the other co-accused persons. It is further alleged that on search, Whatsapp chat regarding fraud was

Patna High Court CR. MISC. No.17619 of 2025(4) dt.12-08-2025 2/3

found. Later on, the co-accused persons disclosed that the petitioner along with other co-accused persons were involved in committing fraud in the name of giving franchise.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that during the entire investigation, no witness has come forward to state that he was cheated by the petitioner or by his mobile number. The petitioner has no concern with the alleged offence. The other co-accused persons has already been granted regular bail by a Bench of this Court vide order dated 22.04.2025 passed in Cr. Misc. No. 18899 of 2025. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.12.2024.

5. Learned A.P.P. for the State has vehemently opposed 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-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class,

Patna High Court CR. MISC. No.17619 of 2025(4) dt.12-08-2025 3/3

Nawada in connection with Cyber P.S. Case No. 68 of 2024, with further condition:-

(i) . The petitioner is directed to remain physically

present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J)

shivam/-

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