Patna High Court
Jyotish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 111(4), 318(4), 319(2), 336(3), 338, 34, 340(2), 61(2)
- Code of Criminal Procedure — s. 438(2)
- Information Technology Act — s. 66-B, 66-D
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
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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
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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/-
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