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Patna High Court

Niraj Kumar @ NirajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.31606 of 2026(2) dt.07-05-2026
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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
Patna High Court CR. MISC. No.31606 of 2026(2) dt.07-05-2026
                                            3/4




          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;
           Patna High Court CR. MISC. No.31606 of 2026(2) dt.07-05-2026
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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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