Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with a bond of Rs 10,000 and specified conditions, finding no sufficient ground to deny bail.
Summary
The Patna High Court considered a bail application filed by Sachin Kumar, who had been in custody since 7 December 2025 in connection with Cyber P.S. Case No. 64 of 2025 arising from an FIR dated 6 December 2025. The FIR alleged offences under sections 303(2), 318(4), 319(2) of the Bihar Narcotic Substances Act and sections 66C, 66D of the Information Technology Act, but the petitioner’s name was not originally mentioned; it surfaced only during investigation. The petitioner asserted a clean criminal record and contended that the co‑accused’s confessional statement is not admissible evidence. The State opposed bail, citing the seriousness of the alleged cyber‑offences. After weighing the delay in filing the FIR, the absence of the petitioner’s name in the original complaint, and his clean antecedent, the Court ordered his release on bail of Rs 10,000 with two sureties and imposed conditions regarding cooperation, presence, and non‑tampering with evidence, directing the lower court to verify his antecedent without delaying bail.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under the Bihar Narcotic Substances Act and the Information Technology Act
- Whether the delay in filing the FIR and the fact that the petitioner’s name was not in the original FIR affect the grant of bail
- Whether a confessional statement of a co‑accused can be relied upon as evidence for bail considerations
Legislation cited
- Bihar Narcotic Substances Act — s. 303(2), 318(4), 319(2)
- Information Technology Act — s. 66C, 66D
Subjects
- bail
- cyber crime
- Information Technology Act
- Bihar Narcotic Substances Act
- criminal antecedent
- confessional statement
- investigation
- FIR delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29707 of 2026
Arising Out of PS. Case No.-64 Year-2025 Thana- Cyber P.S. District- Katihar
======================================================
Sachin Kumar Son of Ram Chandra Ram @ Ramchandar Ram Resident of
Village - Lakhnour, P.S.- Rupouli, District - Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr.Bharat Lal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard Mr.Ajit Kumar Singh, learned counsel for
the petitioner and Mr.Bharat Lal, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
07.12.2025 in connection with Cyber P.S. Case No. 64 of 2025,
F.I.R. dated 06.12.2025 registered for the offence punishable
under Sections 303(2), 318(4), 319(2) of B.N.S. and Section 66
(C), 66(D) of the I.T. Act.
3. The FIR of the occurrence of theft is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he is not named in the FIR.
The name of the petitioner has been transpired during
investigation but fairly submits that nothing has come during
Patna High Court CR. MISC. No.29707 of 2026(2) dt.04-05-2026
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investigation against the petitioner to suggest the involvement of
the petitioner in the present occurrence. It appears from the
F.I.R. itself that the date of occurrence as alleged in the FIR is
23.09.2025 but the present FIR has been instituted on
06.12.2025 after delay of two and half months. Although the
petitioner has confessed his guilt before the police in the present
occurrence but the confessional statement of the co-accused
before the police is no evidentiary value in the eye of law and
the police, after investigation, submitted the charge sheet against
the petitioner and the petitioner is in custody since 07.12.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent and he is not named in the FIR, the name of the
petitioner has been transpired during investigation, let the
petitioner, above named, 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 learned Judicial
Magistrate- 1st Class, Katihar, in connection with Cyber P.S.
Case No. 64 of 2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
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and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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