Patna High Court
Niraj Kumar @ NirajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court grants anticipatory bail to the petitioner subject to prescribed conditions.
Summary
The petitioner, Niraj Kumar, sought anticipatory bail in connection with a cyber‑crime FIR (Case No.14 of 2026) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner, along with co‑accused Singh Gulshan Kumar, demanded Rs.2,50,000 for opening a bank account and communicated via WhatsApp, with a mobile phone and SIM seized. The petitioner contended that the WhatsApp numbers and account details cited in the FIR do not pertain to him, that no incriminating material was seized against him, and that he has no criminal antecedent, claiming the allegations stem from co‑accused disclosures. The Additional Public Prosecutor opposed the bail. Considering the lack of seized evidence, the petitioner’s clean record, and the reliance on co‑accused statements, the Court inclined to grant anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order directs the petitioner to furnish a bail bond of Rs.10,000 with two sureties and comply with several conduct conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure in view of the allegations under the Bharatiya Nyaya Sanhita.
- Whether the statements of a co‑accused and the absence of seized incriminating material justify granting anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111(2), 161(2), 302(2), 317(5), 318(2), 318(4), 319(2), 336(3), 340(2)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- cyber crime
- Bharatiya Nyaya Sanhita
- Section 438 CrPC
- Section 482 BNS
- Nawada
- whatsapp evidence
- co‑accused statements
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31606 of 2026
Arising Out of PS. Case No.-14 Year-2026 Thana- Cyber P.S. District- Nawada
======================================================
Niraj Kumar @ Niraj S/o Rajendra Prasad Yadav R/o Village- Kamallpur, PS-
Govindpur, Distt.- Nawada
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 07-05-2026 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 Cyber P.S. Case No.14 of 2026, F.I.R
dated 13.02.2026 registered for the offences punishable under
Sections 302(2), 318(2), 318(4), 319(2), 336(3), 340(2), 317(5),
111(2) and 161(2) of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, in brief, is that on
information received from the Economic Crime Unit regarding
cyber-crime activities linked to a bank account operated by
Singh Gulshan Kumar, the police conducted an inquiry and
found multiple complaints registered against the said account
from different states. During investigation, it was alleged that
the accused persons, including the petitioner, had demanded
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Rs.2,50,000/- for opening a current account and remained in
contact through WhatsApp calls and chats. A mobile phone and
SIM card were recovered, a seizure list was prepared, and
thereafter the FIR was instituted.
4. Learned counsel for the petitioner by referring to the
allegations made in the F.I.R. submits that all such WhatsApp
numbers and details of accounts and complaints made at various
places across the country, is in no way related with the petitioner
and even the mobile number referred in the F.I.R., does not relate
to the petitioner and and nothing incriminating article is said to
have been seized by the Police, which may find the complicity of
this petitioner. It has further been submitted that the petitioner is
engaged in preparation of competitive examination and for
ulterior reasons, the name of the petitioner has been implicated in
this case on the basis of disclosure made by co-accused, namely,
Singh Gulshan Kumar. Lastly, it has been submitted that the
petitioner has no criminal antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
that the nothing incriminating is said to have been seized by the
Police with respect to this petitioner and the name of the
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petitioner has transpired in this case on the basis of disclosure
made by co-accused, namely, Singh Gulshan Kumar and the
petitioner has no criminal antecedent. 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 Chief Judicial Magistrate, Nawada, in
connection with Nawada Cyber P.S. Case No.14 of 2026,
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;
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(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
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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