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Patna High Court

Vijay Kumar @ Vijay Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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