A 28-year-old banker was granted bail on Monday after spending 89 days in jail because of what the police conceded was a “mistake of facts”.

Banker Jitendra Kumar, who is close to Super 30 founder Anand Kumar, was arrested on July 11 on charges of posting on Facebook an alleged defamatory statement against a former director-general of police of Bihar.

After a harrowing stint in prison, Jitendra was finally granted bail by the court of additional chief judicial magistrate Kumari Vijaya on Monday.

Jitendra’s counsel Manish Shankar said: “The court granted bail to Jitendra after the investigating officer in the case stated before the court that the case against Jitendra was ‘mistake of facts’. The Facebook post on the wall of Sujit Kumar Singh, who is said to be close to a former DGP, was made by another person. But the police without carrying out any investigation framed Jitendra.”

The other person, whose name The Telegraph is withholding because his guilt is yet to be established, had been arrested along with Jitendra but was granted bail the same day. But Jitendra had to remain behind bars for almost three months because of which his banking career is under a cloud, the counsel said.

“It was an instance of clear negligence of the Kotwali police, as they were not able to show any incriminating object in Jitendra’s possession nor could the police bother to record his statement,” Shankar said.

According to the case details, a Facebook comment against a former DGP was posted on the wall of a certain Sujit Kumar Singh, who is making a documentary on the retired top cop.

The police, based on the statement of the other person accused, arrested Jitendra and booked him under sections 419, 420, 467, 471, 120 (B) of the Indian Penal Code which pertain to cheating, forgery and criminal conspiracy.

The cyber cell of the state police which carried out the probe too couldn’t find any evidence that could establish that Jitendra had posted the comment.

After the arrest of Jitendra, Super 30 founder Anand Kumar knocked the doors of senior police officers, including DGP Krishna Swaroop Dwivedi. On the intervention of Dwivedi, an inquiry was carried out by additional director-general J.S. Gangwar.

Patna City superintendent of police D. Amarkesh said: “The special branch under which the state cyber cell falls had carried out a probe and found that the case against Jitendra is a mistake of facts.”