Patna High Court
Nilesh SahuversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted to the petitioner.
Summary
The petitioner, Nilesh Sahu, was arrested in February 2024 in connection with a cyber‑related case (Case No. 20 of 2023) involving offences under Sections 419, 420, 379, 467, 468, 471, 120B/34 of the Indian Penal Code and Section 66D of the Information Technology Act. He applied for regular bail for the second time after an earlier bail denial and a rejected Special Leave Petition before the Supreme Court. The petitioner claimed false implication, no prior criminal record, and willingness to cooperate, while the prosecution noted that the trial was underway with three witnesses examined. Relying on the Supreme Court’s decision in X v. State of Rajasthan (2024 SCC OnLine SC 3539), the Patna High Court found no sufficient ground to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences and the stage of trial
- Whether the precedent set by X v. State of Rajasthan (2024) precludes bail in this case
Legislation cited
- Indian Penal Code — s. 120B, 34, 379, 419, 420, 467, 468, 471
- Information Technology Act — s. 66, D
Subjects
- regular bail
- cyber crime
- Indian Penal Code
- Information Technology Act
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5814 of 2026
Arising Out of PS. Case No.-20 Year-2023 Thana- Cyber P.S. District- Khagaria
======================================================
Nilesh Sahu Son of Ramesh Kumar Sahu @ Ramesh Sahu @ Ramesh Kumar
Resident of- itarsi Budhi Mate Mandir, Near Shakti Nagar, P.S.- Itarsi,
District- Hoshangabad (Narmadapuram) (Madhya Pradesh)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Sachina, Advocate
For the Opposite Party/s : Mr.Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 31-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Cyber P.S. Case No. 20 of
2023 registered for the offence under Sections 419, 420, 379,
467, 468, 471, 120B/34 of the I.P.C. and Section 66D of the I.T.
Act.. Earlier the bail application of the petitioner was rejected
vide order dated 17.01.2025 passed in Cr. Misc. No. 58377 of
2024.
3. Against the aforesaid order, the petitioner had
approached the Hon’ble Supreme Court in S.L.P. No.
13531/2025 which has been rejected vide order dated
08.10.2025.
Patna High Court CR. MISC. No.5814 of 2026(3) dt.31-03-2026
2/2
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has no criminal antecedent and
he is in custody since 29.02.2024. The petitioner undertakes to
co-operate in the case/ trial.
5. Learned counsel for the informant submits that the
trial is going on and in the trial, three witnesses have been
examined.
6. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
7. Considering the aforesaid circumstances and the
judgment of the Supreme Court in the case of X vs. State of
Rajasthan & Anr., 2024 SCC OnLine SC 3539 , this Court is
not inclined to grant bail to the petitioner.
8. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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