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Patna High Court

Nilesh SahuversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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