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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.15523 of 2026(2) dt.12-03-2026
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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
Patna High Court CR. MISC. No.15523 of 2026(2) dt.12-03-2026
                                            3/4




          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,
           Patna High Court CR. MISC. No.15523 of 2026(2) dt.12-03-2026
                                                       4/4




                     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/-

U      T


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