Patna High Court
Vijay Kumar @ Vijay Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court held that the petitioner is entitled to anticipatory bail as the only evidence against him is a co‑accused's confessional statement and no incriminating material has been recovered.
Summary
Vijay Kumar Yadav was named in a cyber‑crime FIR alleging offences under the Bhartiya Nagarik Suraksha Sanhita and the Information Technology Act, based primarily on a confessional statement of a co‑accused and a raid that recovered material from others but not from him. The petitioner contended he was innocent, had no criminal antecedent and no incriminating evidence was found on him. The State opposed his anticipatory bail application. The Court observed that a confessional statement of another accused has no evidentiary value against the petitioner and, in the absence of any material recovered from him, granted anticipatory bail subject to standard conditions. The bail order required the petitioner to surrender within six weeks and furnish bail bonds and sureties as per Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether a confessional statement of a co‑accused can justify denial of anticipatory bail when no other evidence links the petitioner to the offence.
- Whether anticipatory bail should be granted in the absence of any incriminating material recovered from the petitioner.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 111, 303(2), 317(4), 317(5), 318(4), 319(2), 482(2), 61(2)
- Information Technology Act, 2000 — s. 66(C), 66(D)
Subjects
- anticipatory bail
- cyber crime
- confessional statement
- evidentiary value
- IT Act
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91390 of 2025
Arising Out of PS. Case No.-34 Year-2025 Thana- Cyber P.S. District- West Champaran
======================================================
Vijay Kumar @ Vijay Kumar Yadav S/o Dhanesh Kumar Yadav Resident of
Village- Jaukatia, Chaubey Tola, Ward No. 13, P.S.- Majhaulia, Dist.- West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akhileshwar Kumar Shrivastva, Adv.
For the Opposite Party/s : Mr. Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Bettiah Cyber P.S. Case No.34 of 2025, registered for the
offence under Section 318(4), 319(2), 303(2), 61(2), 317(4),
317(5), 111 of the BNS and under Section 66(C) and 66(D) of
the I.T. Act, 2000.
3. As per prosecution case, on a secret information a
raid was conducted by informant, in which cash, mobile phones,
ATM cards and incriminating digital evidence were recovered
and technical scrutiny revealed linkage with multiple NCRP
cyber fraud complaints, use of UPI/net banking and crypto
transaction and transfer of black money was deducted. It is
Patna High Court CR. MISC. No.91390 of 2025(2) dt.15-01-2026
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further alleged that co-accused persons who were apprehended
on the spot has disclosed the name of this petitioner and also his
involvement in the commission of aforesaid occurrence.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR and he has falsely been implicated in this case.
Learned counsel for the petitioner further submits that the name
of the petitioner has come the basis of confessional statement of
other accused person and no incriminating material was
recovered from the petitioner. Learned counsel for the petitioner
also submits that there is no criminal antecedent against the
petitioner.
5. The learned APP opposes the anticipatory bail
application.
6. Considering the fact that the name of the petitioner
has cropped up on the basis of confessional statement of other
accused person, which has no evidentiary value and also given
the fact that no incriminating material was recovered from the
petitioner and further given the fact that the petitioner has
disclosed that there is no criminal antecedent against the
petitioner, I am inclined to grant the privilege of anticipatory
bail to the petitioner.
Patna High Court CR. MISC. No.91390 of 2025(2) dt.15-01-2026
3/3
7. Accordingly, the petitioner above named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
anticipatory bail on his furnishing bail-bonds in the sum of
Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate, Ist Class, Bettiah, West Champaran in connection
with Bettiah Cyber P.S. Case No.34 of 2025, subject to the
conditions laid down under Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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