Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted as the allegations against the petitioners were only speculative and lacked a prima facie case.
Summary
The petitioners, Nitish Kumar and his father Mantush Raut, were named in an FIR for alleged cyber fraud under the Bhartiya Nyaya Sanhita, 2023 and the Information Technology Act. The FIR was based largely on statements of co‑accused who identified them, and a motorcycle registered in the father's name was seized, though it had no apparent link to the fraud. The petitioners filed a bail application, arguing that the investigation was complete, there was no material evidence against them, and custodial interrogation was unnecessary. The Additional Public Prosecutor opposed bail. The court observed that the case against the petitioners rested only on suspicion and that the seized motorcycle did not connect the father to the alleged fraud, and therefore ordered their release on bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNS. The bail bond was set at Rs.10,000 with two sureties each.
Issues considered
- Whether bail should be granted when the case against the petitioners is based solely on suspicion and statements of co‑accused.
- Whether the seizure of a motorcycle registered in the father's name establishes a prima facie link to the alleged cyber fraud.
- Applicability of Section 438(2) CrPC and Section 482(2) BNS in granting bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 111, 303(2), 318(2), 318(4), 319(2), 336(3), 338, 340(2), 482(2), 61(2) read with 3(5)
- Criminal Procedure Code — s. 438(2)
- Information Technology Act — s. 66, 66-C, 66-D
Subjects
- bail
- cyber fraud
- suspicion
- Bhartiya Nyaya Sanhita
- Information Technology Act
- Criminal Procedure Code
- motorcycle seizure
- father-son liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90875 of 2025
Arising Out of PS. Case No.-89 Year-2025 Thana- KASHICHAK District- Nawada
======================================================
1. Nitish Kumar, S/o Mantush Raut,
2. Mantush Raut, S/o Vishwanath Raut
Both are R/o Village - Kasturi Bigha, P.S.- Kashichak, District - Nawada,
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Nayan, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR and
apprehending their arrest in connection with Kashichak P.S.
Case No.89 of 2025 registered under Sections 303(2), 318(2),
318(4), 338, 319(2), 336(3), 340(2), 111, 61(2) read with
3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short ‘BNS’) as
well as Sections 66, 66-C, 66-D of the I.T. Act.
3. As per FIR, on 25.05.2025 at about 12:30 PM, the
informant received an information that some persons are
committing cyber fraud and as such, he along with other police
personnel went there and found that 8-10 persons were
indulged in cyber fraud and started fleeing away, however,
Patna High Court CR. MISC. No.90875 of 2025(2) dt.11-02-2026
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police party nabbed two persons, who disclosed the name of
petitioners and others as their associates, who fled away from
the spot.
4. Learned counsel appearing for the petitioner
submits that name of petitioner no.1 transpired in this case on
the basis of disclosure made by apprehended co-accused Nitish
Kumar and Aman Kumar. It is submitted that investigation on all
material aspects has been completed in this case and therefore,
sending the petitioner to jail shall not serve any judicial purpose.
It is pointed out that the custodial interrogation of petitioners is
not required in this case. It is submitted that petitioner no.2 has
been implicated with this case only for the reason that he is the
father of petitioner no.1 and to know about the occurrence, he
visited the place of occurrence but, as police chased gathered
person, he also ran away from the place of occurrence living his
motorcycle thereof and mere on the basis of his motorcycle,
which is in the name of petitioner, the petitioner was implicated
with present crime in question. It is submitted that the seized
motorcycle has no connection with alleged cyber fraud.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
Patna High Court CR. MISC. No.90875 of 2025(2) dt.11-02-2026
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taking note of fact as nothing transpired against petitioners no.1
except suspicion out of disclosure made by apprehended co-
accused persons and also petitioner no.2 appears implicated in
present prima facie being father of petitioner no.1, where seized
motorcycle prima facie nowhere appear connect petitioner no.2
with alleged cyber fraud, accordingly, both petitioners, above-
named, are directed to be released on bail, in the event of their
arrest or surrender in the court below within a period of four
weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate-
VI, Nawada in connection with Kashichak P.S. Case No.89 of
2025, subject to the conditions as laid down under Section
438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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