Patna High Court
Jitendra Kumar @ JaloversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S. — s. 111, 303(2), 318(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2), 482(2), 61(2)
- Code of Criminal Procedure — s. 438(2)
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
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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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