Patna High Court
Manu Kumar @ Sarwjeet Kumar @ Sarvjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court held that anticipatory bail must be granted as the petitioner is not linked to any seized articles and the accusation rests solely on co‑accused statements.
Summary
Manu Kumar applied for anticipatory bail in a cyber‑fraud case (Warisaliganj P.S. Case No. 207 of 2025) where he was implicated solely on statements of co‑accused who were arrested and material seized from them. The prosecution alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act, but no incriminating articles were found on a search of Kumar’s premises. The petitioner argued that the co‑accused’s statements alone should not justify his arrest and that he has no connection with the seized evidence. The court, noting the lack of material evidence against him, was inclined to grant anticipatory bail, subject to standard conditions under Section 438 of the CrPC and Section 482 of the Bharatiya Nagarik Suraksha Sanhita. The order directs that Kumar be released on bail upon furnishing a bond of Rs.10,000 with two sureties and compliance with conditions regarding court appearances, non‑tampering with witnesses, and refraining from further offences.
Issues considered
- Whether anticipatory bail should be granted when the only basis of accusation is the statement of co‑accused and no material evidence is found on the petitioner.
- Whether the petitioner poses a risk of influencing witnesses or tampering with evidence warranting denial of bail.
- Whether the nature of offences under the Bharatiya Nyaya Sanhita and the IT Act justifies refusal of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 319(2), 336(3), 338, 340(2), 3(5), 61(2)
- Code of Criminal Procedure — s. 438(2)
- Information Technology Act — s. 66(B), 66(D)
Subjects
- anticipatory bail
- cyber fraud
- IT Act
- Bharatiya Nyaya Sanhita
- bail conditions
- co‑accused statements
- seizure of evidence
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3607 of 2026
Arising Out of PS. Case No.-207 Year-2025 Thana- WARISLIGANJ District- Nawada
======================================================
Manu Kumar @ Sarwjeet Kumar @ Sarvjeet Kumar Son of Vijay Tanti @
Vijay Kumar Akela Resident of Village - Tanti Mirbigha, P.S.- Warisaliganj,
District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 28-01-2026 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 Warisaliganj P.S. Case No. 207 of 2025, F.I.R
dated 21.04.2025 registered for the offences punishable under
Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023 and Sections 66(B), 66(D) of
the I.T. Act.
3. According to prosecution case, on receiving secret
information about cyber fraud activities in village Tanti
Mirbigha, the informant (a police officer) conducted a raid and
found 18–20 persons assembled who attempted to flee on seeing
the police. Four persons—Vinay Kumar, Itesh Kumar, Rohit
Patna High Court CR. MISC. No.3607 of 2026(2) dt.28-01-2026
2/4
Kumar and Jaldhar Kumar—were arrested and several mobile
phones, a diary, transaction papers, loan approval papers of
“Dhani Finance and Service,” and other incriminating
documents were seized. The arrested persons disclosed the
names of other associates who escaped and stated that they
impersonated bank managers and officials of Dhani Finance
Company to cheat innocent people. Subsequently, Triveni
Kumar and Jaipal Kumar were also arrested, from whom
transaction papers and printed documents were recovered.
4. Learned counsel for the petitioner submits that the
name of the petitioner has transpired in this case on the basis of
statement made by apprehended co-accused and no
incriminating articles have been found on search being made by
the Police in his absence and he is in no way connected with the
seized articles. It has next been submitted that the co-accused
person has been granted the privilege of anticipatory bail vide
order dated 19.11.2025 passed in Cr. Misc. No.76415 of 2025.
The petitioner has one criminal antecedent but he is on bail in
the said case.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.3607 of 2026(2) dt.28-01-2026
3/4
that the name of the petitioner has transpired in this case on the
basis of statement made by apprehended co-accused and no
incriminating articles have been found on search being made by
the Police and the petitioner is in no way connected with the
seized articles. 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 A.C.J.M.-IV, Nawada, in connection
with Warisaliganj P.S. Case No. 207 of 2025, 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 of the petitioner(s) who shall provide official
document 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
Patna High Court CR. MISC. No.3607 of 2026(2) dt.28-01-2026
4/4
cancellation of his/her/their bail bond by the Trial Court itself;
(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
Checking your session…