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Patna High Court

Sachin KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
               Patna High Court CR. MISC. No.29707 of 2026(2) dt.04-05-2026
                                                           3/3




                         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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