Patna High Court
Ramesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
Bail was granted subject to strict conditions.
Summary
Ramesh Kumar was arrested in connection with a cyber‑related case (Sitamarhi Cyber P.S. Case No. 27 of 2023) alleging offences under IPC sections 406, 420, 379 and IT Act section 66(D). He contended that the money withdrawn from the informant's account was done by unknown persons and that the prosecution’s case rests solely on his confessional statement before the police, with no corroborative evidence. The petitioner had been in custody since 12 September 2024 and had other pending cases where he was already on bail. The State opposed the bail application, arguing the seriousness of the offences. The High Court, after considering the lack of substantive evidence beyond the confession and the petitioner’s prolonged detention, granted bail on a cash bond of Rs 10,000 with two sureties, imposing conditions of cooperation with investigation, non‑interference with witnesses, and disclosure of any undisclosed criminal antecedents. The order directs the petitioner to appear for interrogation as required and warns that bail may be cancelled if conditions are breached.
Issues considered
- Whether bail should be granted in a case involving IPC sections 406, 420, 379 and IT Act section 66(D) where the prosecution’s evidence consists only of a confessional statement.
- Whether the petitioner’s prolonged pre‑trial detention and lack of corroborative evidence justify bail.
Legislation cited
- Indian Penal Code — s. 379, 406, 420
- Information Technology Act — s. 66(D)
Subjects
- bail
- criminal procedure
- IPC
- IT Act
- confession
- pre‑trial detention
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78272 of 2025
Arising Out of PS. Case No.-27 Year-2023 Thana- Cyber P.S. District- Sitamarhi
======================================================
Ramesh Kumar S/o Late Lalbabu Mahto R/o Village- Laxmipur Madhesar,
P.S.- Sonbarsa, Dist.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate.
For the State : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sitamarhi Cyber P.S. Case No. 27 of 2023 registered for the
offences punishable under Sections 406, 420, 379 of the Indian
Penal Code and Section 66(D) of I.T. Act.
3. As per allegation, Rs.30,000/- has been drawn from
the account of the informant by some unknown persons without
his knowledge and consent.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He further submits that the FIR has been lodged against
unknown. He also submits that the whole prosecution case
against the petitioner is based on his confessional statement
Patna High Court CR. MISC. No.78272 of 2025(3) dt.21-01-2026
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before the Police in which he has confessed that he was
involved in the alleged offence whereas there is no
corroborative evidence subsequent to the statement brought on
record by the prosecution.
5. He further submits that the petitioner has been
languishing in jail since 12.09.2024.
6. It has also been stated in paragraph No. 3 of the bail
petition that the petitioner has been made accused in two other
cases in which he is on bail.
7. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one.
8. However, learned APP for the State vehemently
opposes the prayer of the petitioner for bail.
9. Considering the aforesaid facts and circumstances,
this application is allowed, directing the petitioner, above-
named, to be enlarged on bail on his furnishing bail bonds in the
sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned court below
concerned in connection with Sitamarhi Cyber P.S. Case No. 27
of 2023 on the following conditions:
(i) The petitioner will make himself available for
Patna High Court CR. MISC. No.78272 of 2025(3) dt.21-01-2026
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interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that
investigation/trial will not get hampered on account of his
absence or non-cooperation. He must be available to the police
or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents other than
the disclosed one, learned court below shall cancel the bail
bonds of the petitioner after hearing him and getting satisfied
that the petitioner has concealed his criminal antecedents despite
his knowledge of the same.
(v) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
S.Ali/-
U T
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