Patna High Court
Satyendra PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSUL
Holding
Bail was denied to the petitioners as the court was not inclined to grant it given the circumstances of their arrest and alleged involvement in a cyber gang.
Summary
The petitioners, Satyendra Paswan and Yashpal Paswan, were arrested by the Sheikhpura Cyber Police Station in connection with a case alleging involvement in a cyber gang that possessed a large quantity of fake materials. They applied for bail, contending that the charges were under Sections 318(2), 318(4), 319(2), 336(2), 336(30), 340(2), 61(2), 3(5) of the Bhartiya Nyaya Sanhita and Sections 66(c) and 66(d) of the Information Technology Act. The court examined the circumstances of their apprehension at the site where the counterfeit materials were found and considered the seriousness of the alleged cyber gang activities. Concluding that the evidence suggested their participation in the gang, the court was not inclined to grant bail. Consequently, the bail petition was rejected, with the court noting that its observations were prima facie and limited to the bail application alone.
Issues considered
- Whether bail should be granted to the accused persons in a case involving alleged participation in a cyber gang and possession of fake materials.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 318(2), 318(4), 319(2), 336(2), 336(30), 340(2), 3(5), 61(2)
- Information Technology Act — s. 66(c), 66(d)
Subjects
- bail
- cyber crime
- Information Technology Act
- cyber gang
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27993 of 2026
Arising out of PS. Case No.-4 Year-2026 Thana- Cyber P.S. District- Sheikhpura
======================================================
1. Satyendra Paswan, S/o Late Ramswarup Paswan, R/o Vill - Barsa, P.S.-
Kasar, Distt.- Sheikhpura.
2. Yashpal Paswan S/o Late Ramswarup Paswan R/o vill - Barsa, P.S.- Kasar,
Distt.- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 13-05-2026 Heard Mr. Deepak Kumar, learned counsel for the
petitioners and Md. Ataur Rahman, learned Additional Public
Prosecutor for the State.
2. The petitioners seek bail in Sheikhpura Cyber P.S.
Case No. 4 of 2026 registered under Sections 318(2), 318(4),
319(2), 336(2), 336(30, 340(2), 61(2) and 3(5) of Bhartiya
Nyaya Sanhita and Sections 66(c) and 66(D) of Information
Technology Act.
3. The allegation is that the petitioners were
apprehended at a place where large number of fake materials
were recovered which clearly showed that this was a cyber gang
and the petitioners seem to be members of the same.
Patna High Court CR. MISC. No.27993 of 2026(3) dt.13-05-2026
2/2
4. Considering that the petitioners were apprehended
at a place where large number of fake materials were recovered
and the petitioners seem to be members of cyber gang, this
Court is not inclined to grant bail to the petitioners.
5. Accordingly, the prayer for bail of the petitioners is
rejected.
6. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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