Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that bail should be granted to both petitioners subject to the stipulated conditions.
Summary
Nitish Kumar and Ayush Kumar, both in custody, applied for bail in a cyber‑fraud case (Patna Cyber P.S. Case No. 1670 of 2025) involving offences under the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act. They contended that they were falsely implicated, that no incriminating articles were recovered from their possession, and that they have no prior criminal record. The prosecution opposed the bail applications. The High Court, after considering the facts, granted bail to both petitioners on a bond of Rs.10,000 each with two sureties, imposing several conditions including regular appearance before the court and the Superintendent of Police. The order also directed monitoring of the petitioners for nine months. Both applications were allowed and disposed.
Issues considered
- Whether bail should be granted to the petitioners for the offences alleged under the Bharatiya Nyaya Sanhita, 2023 and the IT Act
- Whether the seizure of items from a co‑accused's premises implicates the petitioners in the offences
- Whether the petitioners' lack of criminal antecedent and period of custody justify bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111(2)(b), 317(2), 317(4), 318(2), 318(4), 319(2), 61(2)
- Information Technology Act — s. 66(C), 66(D)
Subjects
- bail
- cyber fraud
- Bharatiya Nyaya Sanhita
- Information Technology Act
- seizure
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85616 of 2025
Arising Out of PS. Case No.-1670 Year-2025 Thana- Cyber P.S. District- Patna
======================================================
Nitish Kumar, Son of Surpati Singh, R/O- Chandi Tola Banni, P.S.- Mahesh
Khut, Distt.- Khagariya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 85808 of 2025
Arising Out of PS. Case No.-1670 Year-2025 Thana- Cyber P.S. District- Patna
======================================================
Ayush Kumar, S/o Sanjay Kumar, Resident of- Khagariya, P.S.- Chitragupta,
District- Khagariya, at present R/o Village- Sapha, Ward No. 09, P.S.-
Maheshkhunt, District – Khagariya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 85616 of 2025)
For the Petitioner/s : Mr. Nityanand Kumar, Adv.
For the Opposite Party/s : Ms. Pushpa Sinha-1, APP
(In CRIMINAL MISCELLANEOUS No. 85808 of 2025)
For the Petitioner/s : Mr. Vivekanand Singh, Adv.
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
Patna High Court CR. MISC. No.85616 of 2025(2) dt.08-01-2026
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ORAL ORDER
2 08-01-2026 Since both these applications arising out of same
F.I.R., they are being taken up together and are being disposed
off by this composite order.
2. Heard the learned counsel for the petitioners and
the learned Addl. Public Prosecutors for the State.
3. The petitioners, who are in custody, seek bail in
connection with Patna Cyber P.S. Case No. 1670 of 2025
registered for the offence(s) punishable under Section(s) 318(2),
318(4), 319(2), 111(2)(b), 317(2), 317(4) and 61(2) of the
Bharatiya Nyaya Sanhita, 2023 (B.N.S.) and Section(s) 66(C)
and 66(D) of the I.T. Act.
4. As per the prosecution case, the police of the
Cyber Cell on a tip-off, raided the house of Ranvijay Kumar at
Hanuman Nagar and apprehended total 5 persons, who
disclosed name of two other persons, namely, Piyush Kumar and
Nityanand Kumar, who were engaged in cyber fraud, had fled.
The police upon search recovered mobiles, laptop and tabs etc.
5. The learned counsel appearing for the
petitioner / Nitish Kumar [Cr. Misc. No. 85616 of 2025]
submits that the petitioner has falsely been implicated in this
case and the recovery has been made from the house of
Patna High Court CR. MISC. No.85616 of 2025(2) dt.08-01-2026
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Ranvijay Kumar and it was not made from the conscious
possession of the petitioner and the seizure-list certifying the
same has been wrongly prepared. It has next been submitted
that on perusal of the F.I.R., it would be evident that there was
general seizure made from the room and no specific article was
recovered from any of the co-accused persons, including the
petitioner. It has lastly been submitted that the petitioner has no
criminal antecedent and he is in custody since 21.07.2025.
6. The learned counsel for the petitioner/Ayush
Kumar [Cr. Misc. No. 85808 of 2025] submits that the petitioner
has falsely been implicated in this case and no incriminating
article has been recovered from his conscious possession. It has
been submitted that the mobile phone and the ATM card
recovered from the possession of the petitioner is of the
petitioner and no illegal activities has been found to be made
from the same. It has lastly been submitted that the petitioner
carries no criminal antecedents and he is in custody since
27.07.2025.
7. It has jointly been submitted on behalf of the
petitioners that co-accused/ Dharamveer Kumar has been
enlarged on bail vide order dated 08.01.2026 passed in Cr. Misc.
No. 88779 of 2025.
Patna High Court CR. MISC. No.85616 of 2025(2) dt.08-01-2026
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8. The learned Addl. Public Prosecutors for the
State has vehemently opposed the prayer for grant of bail to the
petitioners
9. Regard being had to the facts and circumstances
of the case, let both the petitioners, above-named, be released on
bail on their furnishing bail bond of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Patna Cyber P.S.
Case No. 1670 of 2025, subject to the following conditions:-
(i) One of the bailors of the petitioners shall be their
close relative and the other shall be a local resident.
(ii) The petitioners shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioners will be liable to be cancelled by the concerned
Court.
(iv) If the petitioners, in future, is found to be
involved in similar nature of offence(s), the prosecution
shall be at liberty to move for cancellation of their bail
bond.
(v) The concerned Court shall verify the criminal
antecedent of the petitioners and in case, at any stage, it is
found that they have concealed their criminal antecedents,
the Court concerned shall take necessary steps for
cancellation of their bail bond. However, the acceptance
of bail bond in terms of the above-mentioned order shall
Patna High Court CR. MISC. No.85616 of 2025(2) dt.08-01-2026
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not be delayed for purpose of or in the name of
verification.
(vi) In view of the antecedent of the petitioners, the
petitioners are directed to appear before the
Superintendent of Police, Patna within fifteen (15) days of
their release with a copy of this order and every two weeks
thereafter for the next nine months. The conduct of the
petitioners will be kept under watch in this period by the
concerned Superintendent of Police and if it is found
wanting in any respect, a report shall be made to the Court
concerned by him to initiate a proceeding for cancellation
of bail of the petitioners for reasons of misuse of bail.
After reporting to the Superintendent of Police, a
certificate will be filed by the petitioners before the Court
concerned.
10. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
11. Both the applications stand allowed and disposed
off accordingly.
(Sourendra Pandey, J)
Praveen-II/-
U T
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