Patna High Court
Raja Kumar @ RajaramversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to the petitioner, directing release upon furnishing a bond and sureties subject to statutory conditions.
Summary
The petitioner, Raja Kumar, was named in an FIR for multiple offences under the Bhartiya Nyaya Sanhita, 2023 and the Information Technology Act, based on information obtained from co-accused who were apprehended during a raid. No incriminating material was recovered from the petitioner’s possession, and his name was disclosed solely through the co-accused’s statements. The petitioner, claiming a clean antecedent, sought bail, arguing that co-accused persons in similar circumstances had already been granted bail. The Additional Public Prosecutor opposed the bail application. The Court examined the prima facie basis of the accusation, noted the absence of material evidence, and considered the petitioner’s clean record, directing that he be released on bail upon furnishing a bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted when the accusation against the petitioner is based solely on co-accused testimony without any material evidence.
- Whether the petitioner’s clean antecedent and parity with co-accused who were granted bail warrant the release of the petitioner on bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 111(4), 318(4), 319(2), 336(3), 338, 34, 340(2), 61(2)
- Code of Criminal Procedure — s. 438(2)
- Information Technology Act — s. 66-B, 66-D
Subjects
- bail
- criminal procedure
- cyber crime
- IT Act
- Bhartiya Nyaya Sanhita
- suspicion
- co-accused testimony
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44889 of 2026
Arising Out of PS. Case No.-277 Year-2025 Thana- WARISLIGANJ District- Nawada
======================================================
Raja Kumar @ Rajaram, Son of Dhanu Singh, Resident of Village - Pangri,
P.S.- Warisaliganj, District - Nawada
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 03-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Warisaliganj P.S.
Case No.277 of 2025 registered under Sections 319(2),
318(4), 338, 336(3), 340(2), 111(4), 61(2) read with 34 of
the Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’) as well
as Sections 66-B and 66-D of the I.T. Act.
3. As per allegation in the FIR, the informant got
secret information that some cyber criminals are gathered
near to one Fanela tree of village-Paigri and involved in
cheating of innocent people. On receipt of such information,
a raid was conducted in which some of the co-accused
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persons were apprehended but, 9-10 persons including this
petitioner ran away from the place of raid. Apprehended
accused disclosed the name of petitioner.
4. It is submitted by learned counsel appearing for
petitioner that the name of this petitioner transpired on the
basis of disclosure of apprehended co-accused persons, in
furtherance of which, no incriminating material appears
recovered from his possession as to connect the petitioner
with present crime in question. It is submitted that similarly
situated co-accused persons namely, Sunil Paswan and
Jyotish Kumar have already been granted bail by this Court
through Cr. Misc. No.90865 of 2025 dated 09.02.2026 and
Cr. Misc. No.89878 of 2025 dated 09.02.2026 and as a
matter of judicial parity, the petitioner also deserves bail.
The petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as prima facie the name of petitioner
transpired on the basis of suspicion arising out of disclosure
of the apprehended co-accused persons, where admittedly
Patna High Court CR. MISC. No.44889 of 2026(2) dt.03-07-2026
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incriminating materials not appears to be recovered from
physical possession of this petitioner, accordingly, the
petitioner, above-named, who is a man of clean antecedent,
in the event of his arrest or surrender in the court below
within a period of four weeks from today, is directed to be
released on bail on furnishing bail bond of Rs.10,000/-
(Rupees 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.277 of 2025,
subject to the conditions as laid down under Section 438(2)
of the Code of Criminal Procedure (in short ‘CrPC’)/under
Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita,
2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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