Created by Fuzzy Cloud

Patna High Court

Jyotish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Jyotish Kumar, was named in an FIR for alleged cyber‑related offences under the Bhartiya Nyaya Sanhita, 2023 and the Information Technology Act, based on information obtained from co‑accused persons during a raid. No incriminating material was recovered from the petitioner’s possession, and his name was disclosed solely through the co‑accused’s statements. The petitioner, claiming a clean antecedent, sought bail, arguing that similarly situated co‑accused had already been granted bail by the same court. The Additional Public Prosecutor opposed bail, but the court noted the lack of direct evidence against the petitioner and the principle of judicial parity. Consequently, the court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether bail should be granted to the petitioner in the absence of incriminating material recovered from his possession.
  • Whether the petitioner’s reliance on co‑accused testimony suffices to justify continued detention.
  • Whether the petitioner is entitled to bail on the same terms as similarly situated co‑accused under principles of judicial parity.

Legislation cited

Subjects

  • bail
  • cyber crime
  • Bhartiya Nyaya Sanhita
  • Information Technology Act
  • Criminal Procedure
  • co‑accused testimony
  • judicial parity
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89878 of 2025
                    Arising Out of PS. Case No.-277 Year-2025 Thana- WARISLIGANJ District- Nawada
                 ======================================================
                 Jyotish Kumar, S/o Rajo Singh, R/o Village-Paingari, P.S-Warisaliganj, Dist-
                 Nawada.
                                                                               ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                        ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kumar Rajdeep, Advocate
                 For the Opposite Party/s :      Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Warisaliganj P.S.

                   Case No.277 of 2025 registered under Sections 319(2),

                   318(4), 338, 336(3), 340(2), 111(4), 61(2) read with 34 of

                   the Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’) as well

                   as Sections 66-B and 66-D of the I.T. Act.

                                3. As per allegation in the FIR, the informant got

                   secret information that some cyber criminals are gathered

                   near to one Fanela tree of village-Paigri and involved in

                   cheating of innocent people. On receipt of such information, a

                   raid was conducted in which some of the co-accused persons
Patna High Court CR. MISC. No.89878 of 2025(2) dt.09-02-2026
                                            2/3




          were apprehended but, 9-10 persons including this petitioner

          ran away from the place of raid. Apprehended accused

          disclosed the name of petitioner.

                       4. It is submitted by learned counsel appearing for

          petitioner that the name of this petitioner transpired on the

          basis of disclosure of apprehended co-accused persons, in

          furtherance of which, no incriminating material appears

          recovered from his possession as to connect with present

          crime in question. It is submitted that similarly situated co-

          accused persons have already been granted bail by one of

          learned co-ordinate Bench of this Court through Cr. Misc.

          No.82301 of 2025 dated 02.12.2025 and as a matter of

          judicial parity, the petitioner also deserves bail. The petitioner

          claimed clean antecedent.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as prima facie the name of petitioner

          transpired on the basis of suspicion arising out of disclosure of

          the apprehended co-accused persons, where admittedly

          incriminating materials not appears to be recovered from
           Patna High Court CR. MISC. No.89878 of 2025(2) dt.09-02-2026
                                                       3/3




                     physical possession of this petitioner, accordingly, the

                     petitioner, above-named, who is a man of clean antecedent,

                     in the event of his arrest or surrender in the court below

                     within a period of four weeks from today, is directed to be

                     released on bail 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 District and Additional

                     Sessions Judge-5th, Nawada in connection with Warisaliganj

                     P.S. Case No.277 of 2025, subject to the conditions as laid

                     down under Section 438(2) of the Code of Criminal Procedure

                     (in short ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik

                     Suraksha Sanhita, 2023 (in short ‘BNSS’).


                                                      (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.