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Patna High Court

Pramod PaswanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
           Patna High Court CR. MISC. No.58041 of 2025(3) dt.05-02-2026
                                                       3/3




                     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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