Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
In the absence of any incriminating evidence, the court held that bail must be granted, subject to conditions under Section 482(2) of the BNSS.
Summary
Manish Kumar was named in an FIR for several offences under the Bharatiya Nyaya Sanhita and the Information Technology Act after a police raid on a cyber‑crime hub. The raid recovered mobiles but no incriminating material was found at his residence; a co‑accused merely identified him among 12 associates. The petitioner’s counsel argued that only suspicion existed and highlighted his clean antecedent, while the State opposed bail. The court noted the lack of any substantive evidence against the petitioner and, invoking its inherent powers under Section 482(2) of the BNSS, ordered his release on bail with a bond of Rs 10,000 and two sureties. The bail was conditioned on compliance with the provisions of Section 482(2).
Issues considered
- Whether bail can be granted when the only basis is suspicion arising from a co‑accused’s statement and no incriminating material is recovered.
- Whether the court may impose bail conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 111(4), 318(4), 319(2), 336(3), 338, 340(2), 3(5), 482(2), 61(2)
- Information Technology Act — s. 66-B, 66-D
Subjects
- bail
- suspicion
- cyber crime
- Bharatiya Nyaya Sanhita
- Information Technology Act
- Section 482
- inherent powers
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9609 of 2026
Arising Out of PS. Case No.-374 Year-2025 Thana- WARISLIGANJ District- Nawada
======================================================
Manish Kumar S/O Shailendra Prasad R/O VILLAGE- Jalalpur, P.S. -
Warisaliganj, DISTRICT- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar
For the Opposite Party/s : Mr.Satyendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 13-02-2026 Heard the parties.
2. The petitioner is named in the F.I.R.
and apprehending his arrest in connection with
Warisaliganj P.S. Case No. 374 of 2025
registered for the offences under Sections
319(2), 318(4), 338, 336(3), 340(2), 111(4),
61(2) and 3(5) of the Bharatiya Nyaya Sanhita
and Section 66-B and 66-D of the I.T. Act.
3. Upon information, that some cyber
criminals assembled at Devi Sthan Bagicha,
village Jalalpur who are duping innocent people
through their phones and therefore by taking
necessary actions and informing senior officers
Patna High Court CR. MISC. No.9609 of 2026(2) dt.13-02-2026
2/3
a raid was conducted where police seized
several mobiles, but some mobiles were thrown
to the garden and ponds. Several co-accused
person fled away from the assembling point but
one person was caught by the police who
disclosed his name as Anupam Kumar and also
the name of 12 associates with name and
address including this petitioner.
4. It is submitted by learned counsel
appearing on behalf of the petitioner that
except suspicion arising out of disclosure of
apprehended co-accused nothing incriminating
transpires against this petitioner during
investigation. It is submitted that no
incriminating appears recovered from the
house of this petitioner as to suggest his
involvement with crime in question and
moreover petitioner is a man of clean
antecedent.
5 Learned APP opposes the prayer of
bail.
Patna High Court CR. MISC. No.9609 of 2026(2) dt.13-02-2026
3/3
6. In view of aforesaid factual
submission and by taking note of fact as except
suspicion arising out of disclosure nothing
incriminating transpires against this petitioner,
accordingly petitioner above-named, in the
event of his arrest or surrender before the court
below within a period of four weeks, is directed
to be released on bail, furnishing bail bond of
Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the
satisfaction of the learned A.C.J.M.-IV,
Nawada /concerned Court, where the case is
pending in connection with Warisaliganj P.S.
Case No. 374 of 2025, subject to the conditions
as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
Checking your session…