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Patna High Court

Venkatesh G @ Bankatesh GversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted as the offences were grave and there was no reason to revisit the earlier order.

Summary

The petitioner, Venkatesh G, was arrested in a cyber‑fraud case registered as Cyber P.S. Case No.21 of 2024. He was charged under several provisions of the Bhartiya Nyaya Sanhita, 2023 (sections 303(2), 318(2), 318(4), 319(2), 336(2), 336(3), 340 and 61(2)) and the Information Technology Act (sections 66(B), 66(C), 66(D)). The petitioner sought regular bail, claiming a clean antecedent and that he was a first‑time offender from Karnataka. The trial court had earlier rejected his bail application on 7 May 2025, and the petitioner filed a second bail application. Justice Sandeep Kumar, after hearing counsel, held that the gravity of the offences and the earlier order warranted no review, and dismissed the bail application, directing the State to expedite trial.

Issues considered

  • Whether regular bail should be granted to the petitioner given the nature and gravity of the offences under the Bhartiya Nyaya Sanhita and the Information Technology Act

Legislation cited

Subjects

  • bail
  • cyber fraud
  • regular bail
  • Bhartiya Nyaya Sanhita
  • Information Technology Act
  • high court
  • gravity of offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.81417 of 2025
                   Arising Out of PS. Case No.-21 Year-2024 Thana- Cyber P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Venkatesh G @ Bankatesh G Son of Ganesh Resident of 159 Bennerjhatta
                 Road, Pillaganaballi, P.S - Banner Ghatta, Disrict-Bengaluru (Bangalore).

                                                                                       ... ... Petitioner
                                                         Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :           Mr. Jitendra Kumar Giri, Advocate
                 For the Opposite Party :           Mr. Ram Anurag Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   11-02-2026                    Heard the parties.

                                    2.      This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Cyber P.S. Case

                   No.21 of 2024 registered for the offence under sections 303(2),

                   318(2), 318(4), 319(2), 336(2), 336(3), 340 and 61(2) of the

                   B.N.S., 2023 and under sections 66(B) 66(C) and 66(D) of the

                   I.T. Act.

                                    3.      Earlier, the prayer of the petitioner for grant

                   of bail was rejected by this Court vide order dated 07.05.2025

                   passed in Criminal Miscellaneous No.28343 of 2025. The

                   aforesaid order dated 07.05.2025 reads as under:-

                                            “Heard learned counsel for the petitioner
                                    and learned APP for the State.
                                            2. This application is for grant of regular
                                    bail in connection with Cyber P.S. Case No.21 of
                                    2024, registered for the offences under Sections
            Patna High Court CR. MISC. No.81417 of 2025(3) dt.11-02-2026
                                                        2/2




                                      303(2), 318(2), 318(4), 319(2),336(2), 336(3), 340
                                      and 61(2) of the Bhartiya Nyaya Sanhita and 66(B),
                                      66(C), 66(D) of the I.T. Act.
                                               3. As per the F.I.R., a police team of Cyber
                                      Police Station, Kaimur raids a house and 15 persons
                                      were caught from there. Several mobile phones, sim
                                      cards, note books, ATM cards, etc. were recovered
                                      from the possession of the accused persons. The
                                      accused persons were indulged in committing Cyber
                                      fraud.
                                               4. The petitioner is in custody since
                                      05.11.2024 and he claims clean antecedent.
                                               5. The petitioner is from Karnataka and he
                                      had come to Bihar only to commit Cyber fraud.
                                               6. Considering the facts and circumstances of
                                      the case, I am not inclined to extend the privilege of
                                      regular bail to the petitioner.
                                               7. Accordingly, this application         stands
                                      rejected.
                                               8. The State is directed to expedite the trial.”

                                      4.       Considering the gravity of the offence, I see

                      no reason to review my earlier order dated 07.05.2025.

                      Accordingly, this bail application is dismissed.


                                                                 (Sandeep Kumar, J)


pawan/-
U       T


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