Patna High Court
Dashrat BaghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners.
Summary
The petitioners, Dashrat Bagh and Gaurav Tandi, applied for regular bail in a case involving alleged cyber fraud and illegal online gaming, charged under several sections of the Bihar Narcotic Substances Act, 2023, the Information Technology Act, and the Promotion and Regulation of Online Gaming Act, 2025. Police had raided a rented coaching centre on 28‑11‑2025, seizing numerous mobile phones, laptops, SIM cards and other items, and arresting 18 persons, including the petitioners. The petitioners contended that only one mobile phone each was recovered from their personal possession, that the seized equipment belonged to the centre, and that they had no prior criminal record. The State opposed bail, arguing the seriousness of the offences. After hearing both sides, the court found the petitioners’ lack of conscious possession and clean antecedent sufficient to grant regular bail, directing release on a bond of Rs 10,000 with two sureties each.
Issues considered
- Whether the petitioners are entitled to regular bail despite charges under multiple serious offences.
- Whether the seizure of mobile phones, laptops and other devices establishes their participation in the alleged cyber fraud.
- Whether the petitioners' claim of lack of conscious possession and absence of prior criminal record warrants bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 112,3(5), 318(4), 319(2), 336(3), 338, 340(2)
- Information Technology Act — s. 66(D)
- Promotion and Regulation of Online Gaming Act, 2025 — s. 9(1)
Subjects
- bail
- cyber fraud
- online gaming
- IT Act
- seizure of devices
- conscious possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17305 of 2026
Arising Out of PS. Case No.-55 Year-2025 Thana- Cyber P.S. District- Buxar
======================================================
1. Dashrat Bagh son of Awakash Bagh Resident of Village - Amnakka PS -
Saevshakti Nagar, District - Raipur, Chhattisgarh
2. Gaurav Tandi Son of Rajendra Tandi Resident of village- Adatam, Ps-
Kegaun, Dist- Kalahandi, Odisha
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Virendra Kumar, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 318(4),
319(2), 336(3), 338, 340(2), 112,3(5) of BNS., 2023 and Section
66(D) of the I.T. Act as well as Section 9(1) of the Promotion
and Regulation of Online Gaming Act, 2025.
3. The case of the prosecution is that on 28.11.2025,
police received an information that in a rented house, Anil
Kumar Jaiswal and Aman Kumar Jaiswal have called persons
from all over India, and they are indulged in mobile gaming and
cyber fraud. On this input, police reached at the rented house
and from there, 31 mobile phones, various SIM cards, 4 laptops,
82 ATMs, two wi-fi router, 9 passbooks and 5 chequebooks
Patna High Court CR. MISC. No.17305 of 2026(2) dt.18-03-2026
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were recovered. It is also alleged that from there, a total of 18
persons were arrested. The name of these persons finds place in
that list.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Learned counsel for the petitioners has submitted that from
perusal of the seizure list it will transpire that from the
possession of these petitioners only mobile (one from each)
were recovered and as far as other incriminating articles are
concerned, it was recovered from the room not from the
conscious possession of these petitioners. Learned counsel for
the petitioners has further submitted that they have come there
on the call of Anil Kumar and Aman Kumar Jaiswal. It has
further been submitted that the center which was raided is a
coaching center and the mobile and laptops which are recovered
are those of the center. Learned counsel for the petitioners has
further submitted that similarly situated co-accused persons
having granted bail by this court while Cr. Misc. No. 9415 of
2026. The case of these petitioners stands on similar footing. A
statement has been made in para-3 of this petition that the
petitioners have got no criminal antecedent. Moreover, they are
languishing in judicial custody since 30.11.2025.
Patna High Court CR. MISC. No.17305 of 2026(2) dt.18-03-2026
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5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Buxar Cyber P.S. Case No. 55 of 2025 on furnishing bail bond
of Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate- V, Buxar/ Concerned Court.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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