Patna High Court
Dharmendra Kumar @ BatoranversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, finding that the evidence did not warrant continued detention.
Summary
The petitioner, Dharmendra Kumar, was arrested in a cyber‑crime case (Cyber P.S. Case No. 186 of 2025) alleging offences under multiple sections of the B.N.S. The prosecution’s case relied on the recovery of a mobile phone containing WhatsApp chats that purportedly showed a loan approval and a scanner, suggesting involvement in fraudulent activities. The petitioner contended that he was innocent, that no cash or other incriminating material was seized, and that he had no prior criminal record, having been in judicial custody since 27‑12‑2025. The State opposed the bail application, arguing the seriousness of the alleged offences. After hearing both sides, the Court considered the lack of substantive evidence beyond the mobile phone and the petitioner’s clean antecedents. Consequently, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the B.N.S.
- Whether the evidence presented by the prosecution justifies continued detention.
Legislation cited
- B.N.S. — s. 303(2), 317(2), 317(5), 318(2), 319(2), 336(2), 336(3), 338(2), 340(2), 61(2)
Subjects
- bail
- cyber crime
- criminal procedure
- B.N.S.
- high court
- judicial custody
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23117 of 2026
Arising Out of PS. Case No.-186 Year-2025 Thana- Cyber P.S. District- Nawada
======================================================
Dharmendra Kumar @ Batoran, S/o- Sukhdev Mistri, R/O Vill- Sorahipur,
P.S-Warisaliganj, Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhawana Jha, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Cyber P.S. Case No.186 of 2025 registered for the offence
punishable under Sections 303(2), 318(2), 319(2), 336(2),
336(3), 338(2), 340(2), 317(2), 317(5) and 61(2) of B.N.S.
3. The case of the prosecution, in short, is that police
had input that certain persons are indulged in cyber crime. On
this input, police reached the place. This petitioner was
apprehended and from his possession, one mobile of Itel
company having two sims was recovered and from perusal of
the whatsapp chat, it was found that there was scanner and
verbal letter of loan approval was there.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.23117 of 2026(2) dt.08-04-2026
2/2
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Save and except the mobile, nothing has been recovered
from his possession. He has not cheated anybody. No any cash
has been received in his account. Petitioner is having no
criminal antecedent and he is languishing in judicial custody
since 27.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for 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 petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Additional Sessions Judge-IX, Nawada in connection with
Cyber P.S. Case No. 186 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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