Raushan Kumar @ Gulshan Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Raushan Kumar @ Gulshan Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail: petitioner 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 the learned Court concerned, Sheikhpura, in connection with Sheikhpura Cyber P.S. Case No. 07/2025, subject to the condition of physical presence before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause the bail bond is liable to be cancelled.

Issue for consideration

Whether the petitioner, accused in Sheikhpura Cyber P.S. Case No. 07/2025 dated 12.04.2025 (offences u/ss 318(4), 319(2), 303(2), 61(2) r/w 34 IPC and 66C IT Act, as printed), should be enlarged on regular bail.

Court's answer

Considering the facts and circumstances of the case and 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 the learned Court concerned, Sheikhpura, in connection with Sheikhpura Cyber P.S. Case No. 07/2025.

Ratio / Principle

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

Key takeaways

The bail application stands allowed.ratio¶¶19

Detailed headnote1 paragraphs

Regular bail granted (Patna High Court, Chandra Prakash Singh, J., oral order dated 02-09-2025) to Raushan Kumar @ Gulshan Kumar in connection with Sheikhpura Cyber P.S. Case No. 07/2025 dated 12.04.2025, registered for offences punishable u/ss 318(4), 319(2), 303(2), 61(2) read with section 34 of the Indian Penal Code and section 66C of the IT Act (statute names as printed in the judgment). Prosecution alleged the petitioner and co-accused cheated innocent people in the name of providing loans and in other ways, and that the petitioner was involved in cyber crime with three mobile phones recovered from him. Petitioner's counsel urged innocence, false implication, absence of incriminating material from conscious possession, absence of any complaint of cyber fraud against him, clean antecedents, and custody since 12.04.2025; the A.P.P. opposed bail. Considering the facts, circumstances and period of custody, the Court enlarged the petitioner on bail on a bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, conditioned on physical presence before the learned Court below on each and every date, default on two consecutive dates without reasonable cause rendering the bail bond liable to cancellation. Application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47151 of 2025

Arising Out of PS. Case No.-7 Year-2025 Thana- Cyber P.S. District- Sheikhpura

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

Raushan Kumar @ Gulshan Kumar S/o Anandi Paswan @ Anandi Pasvan R/o Vill.- Deole, P.S. - Kushumbha, District - Sheikhpura

... ... Petitioner/s

Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pankaj Kumar For the Opposite Party/s : Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

3 02-09-2025

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 Sheikhpura Cyber P.S. Case No. 07/2025 dated 12.04.2025 registered for the offences punishable u/ss 318(4), 319(2), 303(2), 61(2) read with section 34 of the Indian Penal Code and section 66C of the IT Act.

3 . As per the prosecution case, the petitioner and the co-accused person are alleged to have cheated the innocent people in the name of providing loans and in other ways. It is further alleged that the petitioner was involved in cyber crime and three mobile phones were also recovered from him.

4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.47151 of 2025(3) dt.02-09-2025 2/2

this case. No incriminating material has been recovered from the conscious possession of the petitioner. No one has made any complaint against the petitioner for cyber fraud. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.04.2025.

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 abovenamed, 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 Court concerned, Sheikhpura in connection with Sheikhpura Cyber P.S. Case No. 07/2025, with the condition/s:-

( 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)

guddukr/- U T