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Patna High Court

Vishal Kumar @ Monti @ Vishal PratapversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the seriousness of the offences, the petitioner’s prior cases, and the risk of absconding outweighed any claim of lack of evidentiary value in the confessional statement.

Summary

The petitioner, Vishal Kumar, applied for anticipatory bail fearing arrest in a case involving alleged snatching of a purse and subsequent cyber‑fraud, charged under Sections 356, 379, 420 of the IPC and Section 66(c) of the IT Act. He claimed the FIR named unknown persons and that his name only appeared in a confessional statement of an accused, which he argued lacks evidentiary value. The State opposed bail, highlighting the ongoing investigation, the petitioner’s prior two cases, and the risk of absconding, especially since his residence and place of work in Hyderabad were not detailed in the bail petition. The court examined the relevance of the confessional statement, the seriousness of the offences, and the petitioner’s antecedents, concluding that granting anticipatory bail would be inappropriate. Consequently, the court rejected the anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case involving snatching and cyber‑offence.
  • Whether a confessional statement of an accused provides sufficient basis to deny bail.
  • Whether the petitioner’s prior criminal antecedents and risk of absconding justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • snatching
  • cyber crime
  • IPC
  • IT Act
  • confessional statement
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15566 of 2026
                  Arising Out of PS. Case No.-142 Year-2020 Thana- SHRIKRISHNAPURI District- Patna
                 ======================================================
                 Vishal Kumar @ Monti @ Vishal Pratap S/o Late Samir Kumar Jayaswal R/o
                 Gate no. 1, DVC Chowk, Gardanibagh, P.S.- Gardanibagh, Distt.- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Aashit Sinha, Advocate
                 For the Opposite Party/s :      Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-03-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Mr. Rabindra Kumar.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 356, 379

                   and 420 of the Indian Penal Code read with Section 66(c) of the

                   Information Technology Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases and the informant alleges

                   that on 01.06.2020 at about 06:25 PM while she was on her

                   evening walk at Boring Road, Patna, her purse containing Rs.

                   1,000/- in cash along with her mobile was snatched by two

                   unknown persons on a motorcycle, further on the same day at

                   about 08:00 PM, an amount of Rs. 1 Lakh was transferred from

                   her bank account to the said stolen mobile.
Patna High Court CR. MISC. No.15566 of 2026(2) dt.24-03-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that FIR

          is against unknown and the name of the petitioner transpired

          during the course of investigation in the confessional statement

          of apprehended accused in police custody which does not have

          any evidentiary value. It is further submitted that petitioner for

          earning his livelihood is residing at Hyderabad.

                       5. Learned       A.P.P.    for     the   State   opposes   the

          anticipatory bail application of the petitioner and submits that it

          is a case of snatching based on which cyber crime was also

          committed, no doubt name of the petitioner transpired in the

          confessional statement of apprehended accused, but then the

          investigation of the case is continuing. It is also submitted that

          no doubt at Para-14 of the anticipatory bail application, it has

          been pleaded that petitioner for earning his livelihood stays at

          Hyderabad, but then the anticipatory bail application is

          completely silent with regard to the fact that where the

          petitioner works and resides at Hyderabad which amply

          demonstrates that only for creating a defence, the said plea has

          been taken. It is further submitted that petitioner has antecedent

          of two cases and if privilege of anticipatory bail is granted, the

          petitioner may abscond.

                       6. Considering the submissions made by the learned
            Patna High Court CR. MISC. No.15566 of 2026(2) dt.24-03-2026
                                                        3/3




                      APP for the State, the Court is not inclined to extend the

                      privilege of anticipatory bail to the petitioner.

                                   7. Accordingly,         the    instant   anticipatory   bail

                      application stands rejected.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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