Patna High Court

Gopal RayversusThe State of Bihar

Decided: 10 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail is granted to the petitioner subject to a bond of Rs.15,000, two sureties and conditions of appearance.

Summary

Gopal Ray applied for bail in a cyber‑P.S. case involving alleged illegal gambling under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act. The prosecution alleged his participation in the gambling scheme, while the petitioner claimed false implication, absence of any incriminating article in his possession, no prior criminal record, and non‑compliance with Section 105 of the BNSS. The petitioner also highlighted that a co‑accused had already been granted bail by a coordinate bench. The State opposed the bail. Considering the lack of material evidence, the petitioner’s custody period, and parity with the co‑accused, the Court granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding family surety and appearance in court.

Issues considered

Whether bail should be granted to the petitioner despite the nature of the offences alleged under the BNSS and IT Act
Whether the requirements of Section 105 of the Bharatiya Nyaya Sanhita have been complied with
Whether the petitioner is entitled to parity with a co‑accused who has already been released on bail

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 111(2)(b), 111(4), 297, 318(4), 319(2), 3(5)
Information Technology Act — s. 66(c), 66(d)

Subjects

bail
illegal gambling
cyber offences
BNSS
IT Act
Section 105
parity
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3728 of 2026
                      Arising Out of PS. Case No.-37 Year-2025 Thana- Cyber P.S. District- Madhubani
                 ======================================================
                 Gopal Ray Son of Late Baidyanath Ray Resident of - word no - 6, Madhepur ,
                 P.s -Madhepur , Dist - Madhubani , Bihar

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Munish Kumar, Advocate
                 For the Opposite Party/s :        Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Madhubani Cyber P.S. Case No. 37 of 2025 instituted for the

                   offences under Sections 318(4), 319(2), 297, 111(2)(b), 111(4),

                   3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(c),

                   66(D) of the I.T. Act.

                               3. Prosecution case, in short, is that the accused

                   persons including the petitioner were found involved playing

                   illegal gambling games.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Learned counsel for the petitioner submitted that general and
Patna High Court CR. MISC. No.3728 of 2026(2) dt.10-03-2026
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          omnibus allegation has been made against the petitioner. No

          incriminating article has been recovered from the conscious

          possession of the petitioner. It has been submitted on behalf of

          the petitioner that the petitioner is in custody since 31.10.2025

          and has no criminal antecedent. There is no compliance of

          Section 105 of the BNSS. The co-accused person has already

          been granted bail by a coordinate Bench of this Court vide order

          dated 17.02.2026 passed in Cr. Misc. No. 9692 of 2026.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, claim based on parity as also the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Madhubani Cyber

          P.S. Case No. 37 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date
           Patna High Court CR. MISC. No.3728 of 2026(2) dt.10-03-2026
                                                       3/3




                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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