Mukesh Kumar Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80160 of 2025

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Arising Out of PS. Case No.-17 Year-2025 Thana- ECONOMIC OFFENCES, BIHAR District- Patna

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

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Mukesh Kumar Son of Late Dineshwar Singh Resident of village - Bhaluni, P.S.- Narayanpur, District - Bhojpur.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv Mr. Gopal Krishna, Adv For the Opposite Party/s : Mr. Suman Kumari Singh, APP ======================================================

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... ... Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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2 03-12-2025

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 318(4), 319(2), 336(3), 338, 340(2), 61(2) and 3(5) of the B.N.S., under Sections 42(1), 42(2), 42(3) and 42(6) of the Telecom Act and Section 66, 66(c), 66(D) and 72 of the IT Act.

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The case of the prosecution, in short, is that, on the analysis of date of DIU, IMEI tracking and cal pattern it came to the fore that the suspected cyber fraud activities were conducted through illegal sim box from Narayanpur Village, Bhojpur. It is further alleged that from 05.07.2025 to 07.07.2025 more than 20,000 calls were made from 67 suspected numbers from this

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Patna High Court CR. MISC. No.80160 of 2025(2) dt.03-12-2025 2/3

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village. Further, two SIM boxes of 32 slots, two SIM boxes of 256 slot, 78 BSNL SIM in the SIM box, 61 BSNL SIM, 99 Airtel SIM, 25 VI SIM, 1 JIO SIM, 2 keypad mobile without SIM, 1 Laptop, 3 Routers, 4 Power Chargers, 02 Biometric devices, 04 AC-DC Adopters, 6 Data cables, 4 Network Cables along with other documents were recovered from the petitioner's house.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of the petitioner and if it is taken to be true that the recovery were made as per the seizure list, still the petitioner has committed no offence as there is no allegation that he has cheated anyone by the said recovered devices. The petitioner has clean criminal antecedent as stated in para 3 of the bail petition. Moreover, the petitioner is languishing in judicial custody since 30.07.2025.

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Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

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Having heard learned counsel for the parties and considering the facts and circumstances of the case, as well as the fact that the nature of allegation of making calls from

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Patna High Court CR. MISC. No.80160 of 2025(2) dt.03-12-2025 3/3

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suspected numbers is general and omnibus, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with E.O.U Patna P.S. Case No. 17 of 2025 on furnishing bail bond of Rs.10,000/(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate Patna/concerned trial Court .

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Accordingly, the application stands allowed.

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(Ashok Kumar Pandey, J)

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Jyoti/-

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U T

Mukesh Kumar v. The State of Bihar

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Mukesh Kumar v. The State of Bihar

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