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Patna High Court

Jitendra Kumar @ JaloversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the stipulated bond and conditions.

Summary

The petitioner, Jitendra Kumar, sought anticipatory bail in a cyber‑crime case (Nawada Cyber P.S. Case No. 82 of 2025) where he was not originally named in the FIR but his name surfaced through the confessional statement of co‑accused Nitesh Kumar, from whose possession certain articles were recovered. The petitioner claimed innocence, arguing that no material evidence besides the co‑accused’s confession linked him to the offences listed under various sections of the B.N.S. The State opposed bail, highlighting the petitioner’s involvement in three other cases, though he had been acquitted in two and was on bail in the third. The Court considered the lack of independent evidence, the petitioner’s willingness to cooperate, and the statutory provisions governing anticipatory bail. It granted anticipatory bail subject to a Rs 10,000 bond, two sureties, and conditions under Section 438(2) CrPC and Section 482(2) BNSS, 2023, including cooperation, non‑tampering with evidence, and truthful disclosure of criminal antecedents.

Issues considered

  • Whether anticipatory bail should be granted when the petitioner’s involvement is alleged solely on the basis of a co‑accused’s confessional statement.
  • Whether the petitioner’s prior criminal antecedents and pending cases affect the grant of anticipatory bail.
  • Whether the conditions prescribed under Section 438(2) CrPC and Section 482(2) BNSS, 2023 are applicable in this circumstance.

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • co‑accused
  • criminal antecedent
  • Section 438 CrPC
  • Section 482 BNSS
  • cyber crime
  • bail conditions
  • recovery of stolen property

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74971 of 2025
                        Arising Out of PS. Case No.-82 Year-2025 Thana- Cyber P.S. District- Nawada
                 ======================================================
                 Jitendra Kumar @ Jalo S/O Ravindra Prasad R/o Vill- Chakway, P.S.-
                 Warisaliganj, Dist- Nawada
                                                                     ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Sudish Kumar, Advocate
                 For the State             :        Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   12-01-2026                     Heard Mr. Sudish Kumar, learned counsel for the

                   petitioner and Mr. Narendra Kumar Singh, learned APP for the

                   State.

                                   2. The petitioner is apprehending his arrest in

                   connection with Nawada Cyber P.S. Case No. 82 of 2025, F.I.R.

                   dated 05.06.2025 registered for the offences punishable under

                   Sections 303(2), 318(2), 318(4), 319(2), 336(2), 336(3), 338,

                   340(2), 111, 61(2) of B.N.S.

                                  3. The case relates to recovery of Mobile, A.T.M.,

                   Passbook and other articles.

                                  4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that the petitioner is not named

                   in the F.I.R. and the name of the petitioner has been transpired

                   during investigation on the basis of confessional statement of
Patna High Court CR. MISC. No.74971 of 2025(3) dt.12-01-2026
                                            2/3




          co-accused person namely Nitesh Kumar and recovery has been

          made from the possession of co-accused Nitesh Kumar and

          except the confessional statement of co-accused person, no

          other cogent material has come during investigation to suggest

          the involvement of the petitioner in the present occurrence.

                        5. Learned APP for the State has opposed the prayer

          for anticipatory        bail of the petitioner and submits that the

          petitioner carries three more cases other than the present one but

          fairly submits on the basis of paragraph-3 of the bail petition

          that out of three cases, the petitioner has been acquitted in two

          cases and in one case he is on bail.

                         6. Considering the facts and circumstances of the

          case and the fact that the name of the petitioner has been

          transpired on the basis of disclosure made by co-accused person

          and recovery has been made from co-accused Nitesh Kumar, let

          the petitioner, above named, in the event of his 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/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Chief Judicial Magistrate, Nawada in connection with

          Nawada Cyber           P.S. Case No. 82 of 2025, subject to the
               Patna High Court CR. MISC. No.74971 of 2025(3) dt.12-01-2026
                                                           3/3




                         conditions as laid down under Section 438(2) of the Code of

                         Criminal Procedure/ Section 482(2) of BNSS, 2023 and with

                         other following conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



Ibrar//-                                                               (Rajesh Kumar Verma, J)

U          T


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