Patna High Court
Pramod PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Anticipatory bail is denied to the petitioner.
Summary
The petitioner, Pramod Paswan, was implicated in a case (Shahpur P.S. Case No. 55 of 2025) involving alleged fraud and cyber offences under the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act. He applied for anticipatory bail, claiming innocence and arguing that the allegations against him were vague and that no incriminating material was found in his possession. The State opposed the bail, relying on a co-accused's confession that Paswan hired the accused and shared a percentage of the illegal proceeds. The Court examined the submissions and the material on record and concluded that the petitioner’s claim did not satisfy the criteria for anticipatory bail. Consequently, the Court rejected the anticipatory bail application but directed that if the petitioner surrenders within four weeks, a regular bail application may be entertained. The order emphasizes that the petitioner’s surrender will be considered without prejudice to the present decision.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the present case
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 317(5), 318(4), 319(2), 336(3), 338, 340(2), 61(b)
- Information Technology Act — s. 66(B), 66(C), 66(D)
Subjects
- anticipatory bail
- bail
- fraud
- cyber offence
- IT Act
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58041 of 2025
Arising Out of PS. Case No.-55 Year-2025 Thana- Shahpur P.S. District- Nawada
======================================================
Pramod Paswan Son of Dasrath Paswan Resident of Village- Parwati, P.S.-
Sahpur, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 05-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Shahpur P.S. Case No. 55 of 2025 instituted for the
offences under Sections 319(2), 318(4), 338, 336(3), 340(2),
317(5), 111, 61(b) of the Bharatiya Nyaya Sanhita, 2023 and
Sections 66(B), 66(C), 66(D) of the IT Act. .
3. Prosecution story, in short, is that, police, on the
basis of secret information that 6-7 miscreants are indulged in
cheating the innocent people, raided the place and apprehended
three accused persons. It is further alleged that the apprehended
persons disclosed that they cheat innocent people in the name of
Bajaj Finance Company to provide loan at cheap rates. It is
Patna High Court CR. MISC. No.58041 of 2025(3) dt.05-02-2026
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further alleged that police recovered mobile phones and
customer data sheet from the apprehended accused persons.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence as alleged
against him and has falsely been implicated in the present case.
Petitioner allegedly fled away from the spot. Learned counsel
for the petitioner submitted that general and omnibus allegation
has been made against the petitioner. No specific overt act is
alleged against the petitioner. No incriminating article has been
recovered from the conscious possession of the petitioner rather
the recovery has been made from the house of Tulsi Paswan.
Petitioner has no concern with the alleged recovery of data
sheets. Charge-sheet has been submitted in this case. It has been
submitted on behalf of the petitioner that the petitioner has no
criminal antecedent. Other co-accused has been granted bail by
this Court vide order dated 08.09.2025, passed in Cr. Misc. No.
61656 of 2025.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of bail to the petitioner.
Referring to the impugned order, it is submitted that
apprehended co-accused person in their confessional statement
stated that petitioner used to hire them on percentage basis and
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promised to part 35% of the illegal income to them and used to
keep 65% with him.
6. Considering the rival submissions made by the
learned counsel for the parties and material available on record,
this Court is not inclined to enlarge anticipatory bail to the
petitioner. Prayer for grant of anticipatory bail is hereby
rejected.
7. However, if the petitioner surrenders before the
court below within a period of four weeks from today and prays
for regular bail, the same would be considered by the court
below in accordance with law without being prejudiced by the
order of this Court.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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