Patna High Court

Ritik KumarversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

Bail was granted to the petitioner as there was no prima facie evidence linking him to the alleged offences.

Summary

The petitioner, Ritik Kumar, was named in an FIR for alleged cyber fraud and related offences under several sections of the Bihar Penal Code (BNS) and the Information Technology Act. The FIR alleged that objectionable material was recovered during a raid, but no incriminating material was found on the petitioner’s possession. The petitioner argued that his name appeared only through the statements of co‑accused persons and that the investigation had already concluded against the co‑accused, rendering further custodial interrogation unnecessary. The State opposed bail, but the court noted the lack of prima facie evidence linking the petitioner to the crime. Consequently, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS.

Issues considered

Whether the petitioner is entitled to bail despite being named in the FIR but lacking any incriminating material.
Whether the statements of co‑accused persons alone suffice to justify continued detention.

Legislation cited

Bihar Penal Code (BNS) — s. 111(4), 318(4), 319(2), 336(3), 338, 340(2), 3(5), 61(2)
Information Technology Act — s. 66B, 66D

Subjects

bail
cyber fraud
IT Act
section 482
investigation
co‑accused
prima facie evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70652 of 2025
                    Arising Out of PS. Case No.-400 Year-2025 Thana- WARISLIGANJ District- Nawada
                 ======================================================
                 Ritik Kumar S/o Sanjay Prasad R/o Village - Gopalpur, P.S - Warisaliganj,
                 District - Nawada

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Deepak Kumar, Adv.
                 For the Opposite Party/s :      Mr.Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   11-02-2026                     Heard the parties.

                                2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Warisaliganj

                   P.S. Case No. 400 of 2025 registered for the offence

                   under Sections 319(2), 318(4), 338, 336(3), 340(2),

                   61(2), 111(4), 3(5) of the BNS and Section 66(B), 66(D)

                   IT Act.

                                3. As per FIR, petitioner alongwith other co-

                   accused persons alleged to be involved in cyber fraud,

                   where during raid some objectionable material were

                   recovered.

                                4. It is submitted by learned counsel appearing
Patna High Court CR. MISC. No.70652 of 2025(3) dt.11-02-2026
                                            2/3




          on behalf of the petitioner that the name of petitioner

          transpired        in   present        case     out   of   disclosure   of

          apprehended co-accused persons. It is pointed out that

          admittedly no incriminating material appears recovered

          from the possession of this petitioner. It is submitted that

          investigation of this case already concluded qua

          apprehended co-accused person on all material aspects,

          therefore, custodial interrogation of this petitioner is not

          required, therefore, further by sending this petitioner

          behind bar shall not serve any purpose of justice. While

          concluding arguments, it is submitted that petitioner is a

          man of clean antecedent.

                       5 Learned APP opposes the prayer of bail.

                       6. In view of aforesaid factual submission and by

          taking note of fact as save and except suspicion arising

          out of disclosure statement made by apprehended co-

          accused person prima-facie nothing incriminating material

          recovered/ surfaced during investigation as to connect

          petitioner prima-facie with present crime in question,
              Patna High Court CR. MISC. No.70652 of 2025(3) dt.11-02-2026
                                                            3/3




                        accordingly petitioner above-named, in the event of his

                        arrest or surrender before the court below within a period

                        of four weeks, is directed to be released on bail,

                        furnishing bail bond of Rs. 10,000/- (Rupees Ten

                        Thousand) with two sureties of the like amount each to

                        the      satisfaction          of         the    learned   ACJM      IV,

                        Nawada/concerned Court, where the case is pending in

                        connection with Warisaliganj P.S. Case No. 400 of 2025,

                        subject to the conditions as laid down under Section

                        482(2) of BNSS.



                                                                  (Chandra Shekhar Jha, J)
Sudha/-

U         T

Continue reading with your account

Checking your session…