Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
In the absence of incriminating material and given the petitioners’ clean antecedent, bail must be granted.
Summary
The petitioners, Sonu Kumar, Ankit Kumar and Ritik Kumar, were named in an FIR for alleged cyber‑fraud and related offences under the Bhartiya Nagrik Suraksha Sanhita and the Information Technology Act. The prosecution’s case relied on statements of co‑accused persons, but no incriminating material was recovered from the petitioners’ possession. The petitioners argued that they were implicated only by suspicion, had clean antecedents, and that co‑accused had already been granted bail, warranting parity. The State opposed bail. The Court observed that the suspicion was prima facie and, in the absence of seized evidence and given the petitioners’ clean records, bail was appropriate. Accordingly, each petitioner was released on bail with a bond of Rs 10,000 and two sureties, subject to conditions under CrPC Section 438(2) and BNSS Section 482(2).
Issues considered
- Whether bail should be granted to the petitioners when the only basis for their implication is suspicion arising from co‑accused statements and no material has been seized.
- Whether the conditions prescribed under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita are satisfied.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 111, 317(5), 318(4), 319(2), 336(3), 338, 340(2), 482(2), 61(B)
- Code of Criminal Procedure — s. 438(2)
- Information Technology Act — s. 66-B, 66-C, 66-D
Subjects
- bail
- cyber fraud
- Information Technology Act
- Bhartiya Nagrik Suraksha Sanhita
- suspicion
- clean antecedent
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91639 of 2025
Arising Out of PS. Case No.-67 Year-2025 Thana- Shahpur P.S. District- Nawada
======================================================
1. Sonu Kumar S/o Late Ramvilas Singh
2. Ankit Kumar S/o Vibhuti Singh
3. Ritik Kumar S/o Vibhuti Singh
All are R/o Village- Bhagwatpur, P.S.- Shahpur, Distt.- Nawada.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The accused/petitioners are named in the FIR
and apprehending their arrest in connection with Shahpur P.S.
Case No. 67 of 2025 registered for the offences under
Sections 319(2), 318(4), 336(3), 338, 340(2), 317(5),
61(B), and 111 of the BNS and Sections 66-B, 66-C and 66-
D of the I.T. Act.
3. The allegation against the petitioners is to indulge
in cyber fraud along with other co-accused persons, who upon
police raid apprehended and upon search, data sheet of
customers running into five pages and three mobile phones
Patna High Court CR. MISC. No.91639 of 2025(2) dt.09-02-2026
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were alleged to be recovered from their possession.
4. It is submitted by learned counsel appearing for
petitioners 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 their 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 petitioners also deserve bail. The
petitioners 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 petitioners
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
physical possession of these petitioners, accordingly, all
above-named three petitioners, who are men of clean
Patna High Court CR. MISC. No.91639 of 2025(2) dt.09-02-2026
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antecedent, in the event of their arrest or surrender before
the court below within a period of four weeks, are directed to
be released on bail in connection with Shahpur P.S. Case No.
67 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each
to the satisfaction of learned A.C.J.M.-VI, Nawada/concerned
court, 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
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