Patna High Court
Satish PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Anticipatory bail is denied to the petitioner.
Summary
Satish Paswan sought anticipatory bail after learning that he might be arrested in connection with a police case involving multiple offences under the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act. The prosecution alleged that a raid, based on secret information, uncovered cyber‑crime activity, leading to the seizure of mobile phones and the arrest of seven persons, including the petitioner. The petitioner contended that he was falsely implicated, that the allegations were vague and omnibus, and that he had no prior criminal record. The State opposed the bail, asserting the petitioner’s involvement in the cyber‑crime. Considering the nature and gravity of the alleged offences, the court refused anticipatory bail but directed that if the petitioner surrenders within six weeks and applies for regular bail, the application will be heard on its merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the alleged involvement in cyber‑crime offences.
- Whether the allegations made against the petitioner constitute sufficient grounds to deny anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 132, 318(4), 319(2), 336(3), 338, 340(2), 61(2)
- Information Technology Act — s. 66(c), 66(d)
Subjects
- anticipatory bail
- cyber crime
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Information Technology Act
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80995 of 2025
Arising Out of PS. Case No.-255 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Satish Paswan S/O Ashish Paswan R/O Village- Katardih, P.S- Katrisarai,
Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Giriak (Katrisarai) P.S. Case No. 255 of 2025 instituted for
the offences under Sections 318(4), 319(2), 336(3), 61(2), 338,
340(2), 126(2), 115(2), 132 of the Bharatiya Nyaya Sanhita,
2023 and Sections 66(c), 66(d) of the I.T. Act.
3. Prosecution case, in short, is that on a secret
information that some miscreants are involved in Cyber crime,
police raided the place of occurrence and apprehended seven
persons, recovered mobile phones, and took them to the police
station after they failed to show valid documents.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.80995 of 2025(3) dt.09-02-2026
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petitioner has falsely been implicated in the present case.
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. It has been
submitted on behalf of the petitioner that the petitioner has no
criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner stating that
accused persons including the petitioner are involved in the
Cyber crime.
6. Considering the aforesaid facts and circumstances
of the case as also nature and gravity of offence, this Court is
not inclined to grant anticipatory bail to the petitioner.
7. Accordingly, the prayer for grant of anticipatory
bail to the petitioner is, hereby, rejected.
8. However, if the petitioner surrenders before the
learned court below within a period of six weeks from today and
prays for regular bail, the same shall be disposed of on its own
merit without being prejudiced by this order.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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