Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner with specified conditions.
Summary
Petitioner Raushan Kumar sought anticipatory bail after being implicated in a cyber‑crime case (Nalanda Cyber P.S. Case No. 11 of 2025) based primarily on the confessional statement of co‑accused Amit Raj (aka Murari Kumar). The FIR alleged offences under several sections of the BNS, 2023 and the Information Technology Act, 2000, and mobile phones and money‑transaction evidence were recovered from the co‑accused. The petitioner argued that no incriminating material was found on him and that the only basis for his implication was the co‑accused’s confession, asserting his clean antecedent. The State opposed bail, contending a risk of tampering with evidence. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs 10,000, two sureties, and conditions under Section 438(2) CrPC/Section 482(2) BNSS, 2023, including cooperation with the trial and verification of criminal antecedents.
Issues considered
- Whether anticipatory bail should be granted when the only evidence against the petitioner is the co‑accused’s confessional statement.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the conditions prescribed under Section 438(2) CrPC and Section 482(2) BNSS, 2023 are satisfied.
Legislation cited
- BNS, 2023 — s. 303(2), 316(2), 318(4), 319(2), 336(3), 338, 340(2), 61(2)
- BNSS, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Information Technology Act, 2000 — s. 66, 66(C), 66(D)
Subjects
- anticipatory bail
- cyber crime
- confessional statement
- co‑accused
- Section 438 CrPC
- Information Technology Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32418 of 2025
Arising Out of PS. Case No.-11 Year-2025 Thana- Cyber P.S. District- Nalanda
======================================================
Raushan Kumar S/O Navin Prasad R/o - Navinagar, P.S - Deepnagar, District
- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan Prasad, Advocate
For the State : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
6 09-01-2026 Heard learned counsel for the petitioner as well as the
learned APP for the State.
2. The petitioner apprehends his arrest in connection with
Nalanda Cyber P.S. Case No. 11 of 2025, registered for the offences
punishable under Sections 316(2), 319(2), 318(4), 303(2), 336(3),
338, 340(2), 61(2) of the BNS, 2023 and 66, 66(C), 66(D) of I.T. Act,
2000.
3. As per allegation, having received the information some
cyber criminals were assembled, the police raided the place of
occurrence from where, co-accused Amit Raj @ Murari Kumar was
arrested. Three mobile sets were recovered from possession of co-
accused Amit Raj @ Murari Kumar. It has also been mentioned in the
FIR that evidence of money transaction was found. The apprehended
co-accused person disclosed the complicity of the petitioner in the
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alleged occurrence.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in this
case. No incriminating article has been recovered from possession of
the petitioner and his name has been transpired in this case on the
basis of confessional statement of co-accused, Amit Raj @ Murari
Kumar. Except confessional statement of co-accused, there is nothing
against the petitioner to show his involvement in the present case. It
has further been submitted that main co-accused, Amit Raj @ Murari
Kumar has been granted bail by learned Court below itself. The
petitioner is a person of clean antecedent.
5. On the other hand, learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner, in the event of his arrest or
surrender within four weeks before the learned court below, be
released on anticipatory bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar
Sharif in connection with Nalanda Cyber P.S. Case No. 11 of 2025,
subject to the conditions as laid down under Section 438(2) of the
CrPC/482(2) of the BNSS, 2023 with further following conditions:
(i) The petitioner shall co-operate with the trial and
make himself available as and when required by the Court.
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(ii) The petitioner will appear in the Court below on
each and every date fixed in the case till framing of charge.
(iii) The learned Court below shall verify the criminal
antecedent of the petitioner, and if it is found that the petitioner
is involved in any other criminal case, except the present one, his
bail bond shall stand cancelled.
(Nawneet Kumar Pandey, J)
priyanka/-
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