Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner.
Summary
Nitish Kumar applied for anticipatory bail after the police, acting on a secret tip, raided villages in Nawada and recovered mobile phones containing evidence of a cyber fraud scheme. The FIR (Case No. 478 of 2025) lists offences under Sections 303(2), 318(4), 336(2), 336(3), 338, 340(2) and 111 of the Bharatiya Nyaya Sanhita, 2023, but the petitioner is not named in it. He contends that his alleged involvement is based solely on a confessional statement of another accused, that the seized items do not belong to him, and that he has a clean antecedent as a student. The State opposed the bail. The Court, noting the petitioner’s lack of direct accusation, clean record, and the absence of any seized material linking him to the crime, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to a person not named in the FIR but implicated through another accused's confession.
- Whether the conditions prescribed under Section 438(2) CrPC and Section 482(2) Bhartiya Nagarik Suraksha Sanhita are satisfied in this case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 303(2), 318(4), 336(2), 336(3), 338, 340(2)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- cyber fraud
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15523 of 2026
Arising Out of PS. Case No.-478 Year-2025 Thana- NAWADA MUFFASIL District- Nawada
======================================================
Nitish Kumar Son of Ganauri Chaudhary R/o Village - Amipur, P.S. -
Muffasil, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 12-03-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Nawada Muffasil P.S. Case No.478 of 2025,
F.I.R dated 24.11.2025 registered for the offences punishable
under Sections 303(2), 318(4), 336(2), 336(3), 338, 340(2) and
111 of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, on 24.11.2025,
acting on secret information, the police raided village Amipur
where cyber criminals were allegedly cheating people through
mobile phones. One accused, Vallabh Raj, was apprehended
while others fled. From his possession, mobile phones
containing WhatsApp chats, fake transaction screenshots, and
bank details used for demanding money in the name of call girl
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services and loan schemes were recovered. Further raid at
village Garmha Badhar near Munna Kumar’s poultry farm led to
the arrest of two more persons, from whom mobile phones
containing chats, Aadhaar details, and recordings of suspicious
money transactions were recovered, indicating involvement in
cyber fraud.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the present case on the
basis of confessional statement of Ballabh Raj, who is named in
the F.I.R., while, the petitioner has got no concern with the
seized articles and the same does not belong to the petitioner. It
has next been submitted that the petitioner has clean antecedent
and is a student, pursuing his studies for searching his career in
organized sector. It has further been submitted that at any point
of time, the petitioner was a beneficiary of such transaction,
which is referred in the F.I.R. and undertakes that in future, he
will be vigilant and will abide by the terms and conditions, in
case privilege of anticipatory bail is extended in his favour.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
that the petitioner is not named in the F.I.R., the petitioner has
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clean antecedent and the seized articles does not belong to the
petitioner. Accordingly, this Court is inclined to grant the
privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned A.C.J.M-I, Nawada, in connection
with Nawada Muffasil P.S. Case No.478 of 2025 , subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
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failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
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