Patna High Court
Sumit JaiswalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to all petitioners subject to bond and attendance conditions.
Summary
The petitioners, six individuals accused in a cyber‑fraud case (Kalyanpur P.S. Case No. 374 of 2025), applied for bail under sections 318(4), 336(3), 338 and 3(5) of the BNS, 2023. The prosecution alleged that a raid recovered incriminating articles, but the petitioners contended that the seized items were ordinary household articles belonging to family members and that the seizure was not documented by an independent witness, violating mandatory search‑seizure procedures. The petitioners have no prior criminal record and have been in custody since 22 September 2025, with charges already framed on 30 January 2026. The State opposed bail, citing the seriousness of the offences. The Court, noting the breach of search‑seizure requirements and the petitioners' clean antecedent, ordered bail on the condition of a Rs 10,000 bond with two sureties and mandatory physical presence in court, with the power to cancel bail for non‑appearance.
Issues considered
- Whether bail should be granted despite the framing of charges and alleged involvement in cyber fraud
- Whether the alleged violation of mandatory search and seizure provisions warrants bail
- Whether the petitioners' lack of criminal antecedent influences the bail decision
Legislation cited
- BNS, 2023 — s. 318(4), 336(3), 338, 3(5)
Subjects
- bail
- search and seizure
- cyber fraud
- criminal procedure
- mandatory provisions
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81377 of 2025
Arising Out of PS. Case No.-374 Year-2025 Thana- KALYANPUR District- East Champaran
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1. Sumit Jaiswal S/o Jai Shankar Jaiswal @ Jaishankar Jaiswal R/o village -
Barharwa Mahanand, P.S.- Kalyanpur, District- East Champaran
2. Sujal Jaiswal S/o Jai Shankar Jaiswal @ Jaishankar Jaiswal R/o village -
Barharwa Mahanand, P.S.- Kalyanpur, District- East Champaran
3. Aman Jaiswal S/o Raj Kumar @ Raj Kumar Jaiswal @ Rajkumar Jaiswal
R/o village - Barharwa Mahanand, P.S.- Kalyanpur, District- East
Champaran
4. Anish Jaiswal S/o Alok Jaiswal Resident of - Purani Market, P.S - Kesariya,
District - East Champaran, Presently R/o - Jaigaon Chota Micha Basti, P.S -
Jaigaon, District - Alipurduar, West Bengal
5. Ujjawal Chaudhary S/o Santosh Chaudhary Resident of - Jaigaon Bhagat
Singh Nagar, Near - Hussain Garage Shiv Mandir, P.S - Jaigaon, District -
Alipurduar, State - West Bengal
6. Vivek Kumar Chaudhary S/o Ganesh Chaudhary Resident of - Dhaka
Bhagwatpur Ward No. 17, P.S - Chiraiya, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Y.V. Giri, Sr. Adv.
Mr.Devashish Giri, Adv.
For the Opposite Party/s : Mr.Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 17-02-2026 Heard Mr. Y.V. Giri, learned Senior counsel
appearing for the petitioners, assisted by Mr. Devashish Giri and
learned APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Kalyanpur P.S. Case no.374 of
2025 registered under sections 318(4), 336(3), 338 and 3(5) of
the BNS, 2023.
Patna High Court CR. MISC. No.81377 of 2025(4) dt.17-02-2026
2/3
3. As per prosecution case the informant states that on
a secret information having been received that all F.I.R named
accused persons had involved in cyber fraud, the police
conducted raid and arrested the accused and also recovered
several incriminating articles.
4. Learned Senior counsel for the petitioners submits
that the allegations made against the petitioners are not correct
and the recovered articles are the general articles which
belonged to the family members of the house and this fact has
been stated in paragraph nos. 10 and 11 of the petition indicating
the relationship of all these persons with the petitioners. It has
further been submitted that there is no independent witness to
the seizure list and as such, there is no compliance of mandatory
provisions of search and seizure including that of photography.
The petitioners have no criminal antecedent and they are in
custody since 22.09.2025 and by order dated 30.01.2026,
charges have already been framed against these persons.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that
mandatory provisions of search and seizure have been violated,
Patna High Court CR. MISC. No.81377 of 2025(4) dt.17-02-2026
3/3
coupled with the fact that charges have been framed, the
petitioners, having no criminal antecedent, are directed to be
enlarged on bail in connection with Kalyanpur P.S. Case no.374
of 2025 on each of them furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court concerned where
the case is pending/successor Court, subject to the further
condition that petitioners shall remain physically present in the
learned trial Court on each date and shall cooperate in the trial.
In case the petitioners are absent on the two consecutive dates
without sufficient reasons, the learned trial Court would be at
liberty to cancel the bail bonds of the petitioners.
(Soni Shrivastava, J)
Harsh/-
U T
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