Patna High Court
Sohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a monetary bond and specific conditions.
Summary
The petitioner, Sohit Kumar, was implicated in a cyber fraud case (Sheikhpura Cyber PS Case No. 29 of 2025) based on an FIR dated 25.08.2025, alleging offences under several sections of the Bhartiya Nyay Sanhita, 2023 and the IT Act, 2008. He contended that he has a clean antecedent and that his name was mentioned only through the disclosure of a co-accused, Rohit Kumar, with no other material linking him to the crime. The Additional Public Prosecutor opposed his bail application. The Court considered the lack of independent evidence against the petitioner and his clean record, and consequently granted bail subject to a bond of Rs. 10,000 with two sureties and several conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The bail order also imposed obligations to cooperate with the trial, avoid tampering with evidence or witnesses, and disclose any concealed criminal antecedent. The bail bond is to be verified by the lower court, but its acceptance shall not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner despite the serious offences alleged under the Bhartiya Nyay Sanhita and the IT Act.
- Whether the petitioner’s alleged involvement, based solely on co-accused disclosure, warrants pre‑trial detention.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 303(2), 318(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2), 61(2)
- Code of Criminal Procedure — s. 438(2)
- Information Technology Act, 2008 — s. 66(C), 66(D)
Subjects
- bail
- cyber fraud
- IT Act
- criminal procedure
- clean antecedent
- co‑accused disclosure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87946 of 2025
Arising Out of PS. Case No.-29 Year-2025 Thana- Cyber P.S. District- Sheikhpura
======================================================
Sohit Kumar Son of Kiran Ravidas Resident of Village - Panchi, Ravidas
Tola, Police Station - Sheikhopur Sarai (Shiekhopursarai) and District -
Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1 , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-01-2026 Heard Mr. N.K. Agrawal, learned senior counsel for
the petitioner and Mr.Aditya Narayan Singh.1, learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Sheikhpura cyber P.S. Case No. 29 of 2025,
F.I.R. dated 25.08.2025 for the offences punishable under
Sections303(2), 318(2), 318(4), 319(2), 336(2), 336(3), 338,
340(2), 61(2) of the Bhartiya Nyay Sanhita, 2023 and
66(C)/66(D) of the IT, Act, 2008.
3. As per the First Information Report, it is alleged that
the petitioner along with other persons were involved in cyber
fraud.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.87946 of 2025(2) dt.12-01-2026
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petitioner has clean antecedent and he has falsely been
implicated in the present case. From bare perusal of the FIR it
appears that name of the petitioner transpired on the basis of
disclosure made by apprehended co-accused person, namely,
Rohit Kumar and except the aforesaid, no other cogent material
has come during investigation which suggest that the petitioner
is involved in the present crime in question and the recovery has
been made from the possession of co-accused person.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
the petitioner has clean antecedent and his name transpired on
the basis of disclosure made by apprehended co-accused person
and the recovery has been made from the possession of co-
accused person, let the petitioner, above named, in the event of
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/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate-1st Class, Sheikhpura in
connection with Sheikhpura cyber P.S. Case No. 29 of 2025,
subject to the conditions as laid down under Section 438(2) of
Patna High Court CR. MISC. No.87946 of 2025(2) dt.12-01-2026
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the Code of Criminal Procedure / Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita and with other following conditions:-
i. 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.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 bond in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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