Patna High Court
NikhilversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner, subject to conditions under Section 482(2) of the B.N.S.
Summary
The petitioner, Nikhil, applied for anticipatory bail in a case involving multiple offences under the B.N.S., the Information Technology Act and the Arms Act, alleging that his name appears in a co-accused's confessional statement but he will cooperate with the investigation. The State opposed the bail. The court noted a prior order granting anticipatory bail to a similarly situated co-accused and, applying Section 482(2) of the B.N.S., directed that Nikhil be released on bail upon furnishing a Rs. 25,000 bond with two sureties, one of whom must be his father. The bail was conditioned on his cooperation with the investigation and allowed for cancellation if he fails to cooperate or if a charge‑sheet is filed linking him to the offence. The application was allowed, subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner for the offences alleged under the B.N.S., IT Act and Arms Act.
- Whether the earlier anticipatory bail order for a co‑accused is determinative for the present application.
- What conditions may be imposed under Section 482(2) of the B.N.S. when granting anticipatory bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- B.N.S. — s. 111, 303(2), 317(4), 317(5), 318(4), 319(2), 336(3), 338, 340(2), 61(2)
- Information Technology Act — s. 66C, 66D
Subjects
- anticipatory bail
- cyber crime
- Information Technology Act
- Arms Act
- Section 482
- confessional statement
- cooperation with investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76530 of 2025
Arising Out of PS. Case No.-92 Year-2025 Thana- Cyber P.S. District- East Champaran
======================================================
Nikhil S/o Arun Singh R/o Village and PS- Raghunathpur, PO- Motihari,
Dist- East Champaran Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rohit Raj
For the Opposite Party/s : Ms.Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 318(4), 319(2), 338, 336(3), 340(2), 303(2), 61(2),
317(5), 317(4) and 111 of the B.N.S., Sections 66C, 66D I. T.
Act and Sections 25(1-b)a, 26, 35 of the Arms Act.
3. The learned counsel for the petitioner submits that
similarly situated co-accused Rohit Kumar had approached this
Court seeking anticipatory bail by filing Cr. Misc. No.64397 of
2025 and the same came to be allowed by an order dated
17.09.2025. It is next submitted that the name of the petitioner
in the instant case transpired in the confessional statement of
Sumit Saurav. It is also submitted that petitioner will not
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abscond rather will cooperate in the investigation to prove his
innocence.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions and taking into
consideration the order dated 17.09.2025 in Cr. Misc. No.64397
of 2025, the petitioner, above-named, in the event of his arrest
or surrender before the learned Court below within a period of
six weeks, is directed to be released on bail on his furnishing
bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
pending/successor Court in connection with ABP No.4485 of
2025 arising out of Cyber P. S. Case No.92 of 2025, subject to
the conditions laid down under Section 482(2) of the B.N.S.S.
with a further condition that one of the bailors of the petitioner
shall be his father, namely, Arun Singh.
6. The application stands allowed.
7. However, it is made clear that in the event, if any
application is filed by the Investigating Officer before the
learned trial Court bringing to its notice that petitioner, despite
giving assurance to this Court, is not cooperating in the
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investigation or is not presenting himself as and when required,
the learned trial Court shall be at liberty to cancel the bail bonds
of the petitioner after recording reasons.
8. Further, it is made clear that in the event, if charge-
sheet is filed connecting the petitioner with the offence apart
from confession, in that event, the present anticipatory bail
order shall come to an end.
9. Let a copy of this order be sent to the concerned
Police Station through the learned trial Court.
(Satyavrat Verma, J)
vikash/-
U T
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