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Patna High Court

Govind KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that, given the seriousness of the offences and the material evidence recovered, the petitioner does not merit the privilege of bail.

Summary

Govind Kumar was charged with cheating several persons by offering fraudulent online loans in the name of Bajaj Finance, using a mobile number and WhatsApp messages. The police recovered his mobile phone, PAN card and bank documents, and he was charged under multiple sections of the Bihar Narcotic and Smuggling Act, 2023 and the Income‑Tax Act, 2000. The petitioner pleaded innocence, claimed a clean antecedent and no transactions in his bank account, and sought regular bail. The State opposed bail, highlighting the recovered mobile, WhatsApp messages and the seriousness of the offences. The court examined the allegations and evidence and concluded that the petitioner does not merit the privilege of bail, thereby rejecting the bail application.

Issues considered

  • Whether the petitioner is entitled to regular bail in view of the offences alleged under the Bihar Narcotic and Smuggling Act, 2023 and the Income‑Tax Act, 2000.
  • Whether the nature of the alleged cyber‑fraud and the material evidence justify denial of bail.

Subjects

  • bail
  • cyber crime
  • online loan fraud
  • WhatsApp
  • Income Tax Act
  • Bihar Narcotic and Smuggling Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67618 of 2025
                       Arising Out of PS. Case No.-69 Year-2025 Thana- Cyber P.S. District- Nawada
                 ======================================================
                 Govind Kumar S/o Ram Pravesh Chouhan R/o Village - Beldariya, P.S -
                 Ramgarh, District - Lakhisarai
                                                                      ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Amit Ranjan
                 For the Opposite Party/s :        Mr.Md. Aslam Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   03-02-2026                    Heard the learned counsel for the petitioner as well

                   as the learned Additional Public Prosecutor for the State.

                                2. The petitioner is seeking regular bail in connection

                   with Cyber P.S. Case No. 69 of 2025, registered for the offences

                   punishable under Sections 303(2), 318(2), 318(4), 319(2),

                   336(2), 336(3), 338, 340(2) of the BNS, 2023 and Sections

                   66,66(D) of the I.T. Act, 2000.

                                3. The allegation against the petitioner is that he is

                   alleged to have cheated several persons by using mobile number

                   8348771454 on the pretext of providing online loans. It is

                   further alleged that he lured people by offering loans in the

                   name of Bajaj Finance and obtained money through Whatsapp.

                   During search, PAN card and bank-related documents were

                   recovered from his possession.
           Patna High Court CR. MISC. No.67618 of 2025(3) dt.03-02-2026
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                                  4. The learned counsel for the petitioner has submitted

                     that the petitioner is innocent and has falsely been implicated in

                     this case. There is no transaction in the petitioner’s account and

                     he has clean antecedent.

                                  5. On the other hand, the learned APP for the State has

                     opposed the prayer for bail and submitted that the petitioner was

                     arrested and a mobile set was recovered from the possession of

                     the petitioner. The investigating authority found that WhatsApp

                     messages had been sent to the mobile numbers of the persons

                     who had been cheated.

                                  6. In my view, the petitioner does not deserve the

                     privileges of bail, which is hereby rejected.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T


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