Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Nitish Kumar was arrested in connection with a cyber‑fraud case (Sheikhpura Cyber P.S. Case No. 25 of 2025) alleging offences under several sections of the BNS, 2023 and the Information Technology Act, 2008. The police raid recovered mobiles from co‑accused but none from the petitioner, who claims he was merely a passer‑by and has no material linking him to the crime. He has been in custody since 4 August 2025 and the bail petition notes two prior criminal antecedents, with no earlier bail application. The State opposed bail, arguing the seriousness of the offences. The Court, after considering the lack of direct evidence against the petitioner and his cooperation, granted bail on a Rs 10,000 bond with two sureties, subject to conditions of appearance, non‑interference with investigation, and disclosure of any further antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious cyber‑offences alleged and his prior criminal antecedents.
- Whether the absence of seized material directly linking the petitioner to the alleged crime warrants bail.
Legislation cited
- BNS, 2023 — s. 303(2), 318(2), 318(4), 319(2), 336(2), 336(3), 340(2), 3(5), 61(2)
- Information Technology Act, 2008 — s. 66(c), 66(d)
Subjects
- bail
- cyber crime
- Information Technology Act
- criminal antecedents
- police raid
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91685 of 2025
Arising Out of PS. Case No.-25 Year-2025 Thana- Cyber P.S. District- Sheikhpura
======================================================
Nitish Kumar S/O Late Siyaram Prasad Resident Of Village - Panchi, P.S.-
Shekhopur Sarai, District- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate
For the State : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sheikhpura Cyber P.S. Case No. 25 of 2025 dated 03.08.2025,
registered for the offences punishable under Sections 303(2),
318(2), 318(4), 319(2), 336(2), 336(3), 340(2), 3(5) and 61(2) of
BNS, 2023 and Sections 66(c) and 66(d) of I.T. Act, 2008.
3. As per allegation, co-accused, Rajiv Ranjan @
Fantus along with other persons is planning to commit cyber
fraud. Thereafter, the police went to Panchi village along with
other police personnel and reached the place of suspicion near
Durga Mandir at about midnight and saw that some unknown
persons were talking to each other while having phone in their
hand and when they saw the police, they started running away.
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The petitioner and co-accused, Ankush Kumar threw away their
mobiles in darkness which could not been found on search.
However, other co-accused were apprehended on the spot and
after technical analyses of the seized mobiles, the same were
found to have been used in committing the cyber crimes.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He further submits that the petitioner is not connected with
the alleged offence. He further submits that the petitioner was
just a passer by and nor any mobile has been seized from his
possession. He has been implicated in this case only on the basis
of suspicion and there is no material on record which may
connect the petitioner with the alleged offence.
5. He further submits that the petitioner has been
languishing in jail since 04.08.2025.
6. It has also been stated in paragraph no. 3 of the bail
petition that the petitioner has two criminal antecedents.
7. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one.
8. However, learned APP for the State vehemently
opposes the prayer of the petitioner for bail.
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9. Considering the aforesaid facts and circumstances,
this application is allowed, directing the petitioner, above-
named, to be enlarged on bail on his furnishing bail bonds in the
sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned concerned Court
below in connection with Sheikhpura Cyber P.S. Case No. 25 of
2025, on the following conditions:
(i) The petitioner will make himself available for
interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that
investigation/trial will not get hampered on account of his
absence or non-cooperation. He must be available to the police
or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents other than
the disclosed one, learned court below shall cancel the bail
bonds of the petitioner after hearing him and getting satisfied
that the petitioner has concealed his criminal antecedents despite
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his knowledge of the same.
(v) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
shoaib/-
U T
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