Shivam Kumar vs. The State Of Bihar

Held

The Court granted the petitioner the benefit of regular bail. The Court considered that the petitioner has clean antecedents and that a charge sheet has been filed in the case. The Court reasoned that these factors made the petitioner eligible for bail. The operative directions were that the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of the concerned court. Specific conditions were imposed, including that one bailor must be a close family member, the petitioner must cooperate with the trial, not tamper with evidence or influence witnesses, and not commit similar offences in the future. The Court also stated that the trial court is at liberty to cancel the bail bonds if any of these conditions are violated.

Facts

The petitioner, Shivam Kumar, sought regular bail in connection with Patna Cyber P.S. Case No. 945 of 2026. The prosecution alleges that on July 1, 2026, the Cyber Police Station, Patna, raided an apartment and apprehended the petitioner and others. Recovered items included a laptop, mobile phones, ATM cards, cheque books, passbooks, SIM cards, notebooks, and Rs. 6,08,650 in cash. The accused are alleged to have operated fake Facebook pages offering loans, contacting victims, and inducing payments for fees, GST charges, and other expenses through various payment modes. Technical investigation reportedly linked them to multiple NCRP complaints and co-accused. The petitioner has been in judicial custody since July 2, 2026, and a charge sheet has been filed.

Key Issues

1. Whether the petitioner is entitled to regular bail in connection with Patna Cyber P.S. Case No. 945 of 2026, considering the alleged offences under Sections 318(4), 319(2), 336(2), 336(3), 338, 340(2), 112(2), 61(2) read with Section 3(5) of BNS and 66(C)/66(D) of the I.T. Act. The petitioner argued that he has no criminal antecedents, is in judicial custody since July 2, 2026, and a charge sheet has been filed. He further contended that he has no role in the alleged crime. The State, through the learned APP, and the learned counsel for CCSU vehemently opposed the prayer for regular bail.