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Patna High Court

Satish PaswanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                                       2/2




                     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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