Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted bail to the petitioner, subject to a bond, sureties, and specific conditions, noting the absence of a direct allegation against him.
Summary
Rohit Kumar petitioned for bail after being implicated in a cyber‑crime case (Warisaliganj P.S. Case No. 297 of 2025) involving offences under the Bharatiya Nyaya Sanhita and the Information Technology Act. The FIR was based on a raid and the petitioner’s name appeared only in confessional statements of co‑accused, with no material recovered from his possession. The petitioner argued innocence and cited similar bail grants to others named in confessional statements, while the State opposed bail. The Court noted the absence of a specific allegation against the petitioner and, applying Section 482(2) of the BNSS, ordered bail on condition of a bond and sureties, along with strict compliance conditions. The bail order is subject to surrender within six weeks if arrested and adherence to conditions regarding court appearances, non‑tampering with evidence, and refraining from further offences.
Issues considered
- Whether bail should be granted when the petitioner’s involvement is alleged solely on the basis of confessional statements of co‑accused
- Whether the lack of specific allegation and absence of seized material justify bail under Section 482(2) of the BNSS
- Whether the conditions imposed by the Court are appropriate for the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 111(4), 318(4), 319(2), 336(3), 338, 340(2), 3(5), 61(2)
- Information Technology Act — s. 66B, 66D
Subjects
- bail
- confessional statements
- cybercrime
- Information Technology Act
- Bharatiya Nyaya Sanhita
- Section 482
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83519 of 2025
Arising Out of PS. Case No.-297 Year-2025 Thana- WARISLIGANJ District- Nawada
======================================================
Rohit Kumar Son of Shatrughan Tanti R/o Village and Post - Warsiliganj,
Dist. - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma
For the Opposite Party/s : Mr. Surendra Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Warisaliganj P.S. Case No.297 of 2025 dated
04.06.2025, registered for the offence punishable under Sections
319(2), 318(4), 338, 336(3), 340(2), 61(2), 111 (4), 3(5) of
Bharatiya Nyaya Sanhita, and Section 66(B) and 66(D) of I.T.
Act.
3. As per the FIR, the police conducted a raid on
the basis of secret information and apprehended six persons
allegedly involved in cybercrime, while others managed to flee.
Several mobile phones were recovered from their possession. It
is alleged that the accused persons were cheating people by
offering loans in the name of ‘Dhani Finance.
Patna High Court CR. MISC. No.83519 of 2025(3) dt.11-02-2026
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4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in the
present case. Referring to the allegations levelled in the FIR, it
is further submitted that the name of the petitioner has
transpired solely on the basis of the confessional statements
made by the apprehended co-accused persons, namely, Jitendra
Kumar, Pankaj Kumar, Mantu Kumar, Kush Kumar, Harendra
Kumar and Rakesh Kumar, and no specific allegation has been
levelled against the petitioner. It is further submitted that
nothing was recovered from the conscious possession of the
petitioner when his house was searched in his absence. It is the
case of the petitioner that similarly situated persons, whose
names also transpired on the basis of confessional statements,
have been granted bail by a Coordinate Bench of this Court as
well as by the learned court below. Lastly, it is submitted that
the petitioner has two criminal antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Taking into account that there is no specific
allegation against the petitioner, let the above named petitioner,
be released on bail, in the event of his arrest or surrender before
the learned Court below within a period of six weeks from
Patna High Court CR. MISC. No.83519 of 2025(3) dt.11-02-2026
3/3
today, on 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/Successor Court
in connection with Warisaliganj P.S. Case No.297 of 2025,
subject to the conditions as laid down under Section 482(2) of
the BNSS as well as the following conditions:
(i) One of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive dates
without plausible reason will entail cancellation of his/her/their bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences, failing
which the State shall be at liberty to take steps for cancellation of the
bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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