Patna High Court
Rahul PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to all petitioners, subject to a bond and sureties under Section 480(3) of the BNSS.
Summary
The Patna High Court considered bail applications filed by four accused persons—Mantu Kumar, Rahul Paswan, Raju Kumar and Anchal Kumar—who were arrested in connection with a Giriyak police case alleging cyber fraud and related offences under the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act. The petitioners argued that the search of their residence was not conducted in accordance with Section 103(4) of the BNSS and that only one mobile phone was seized from them, while other phones recovered belonged to other family members. The State opposed bail, contending the seriousness of the offences listed, including sections 66(C) and 66(D) of the I.T. Act. The Court noted that the petitioners had been in custody since 30 July 2025, that the investigation was complete, and that there was no risk of tampering with evidence. Relying on the provisions of Section 480(3) of the BNSS, the Court held that bail could be granted subject to a bond and sureties. Accordingly, each petitioner was ordered to be released on bail upon furnishing a Rs.10,000 bond with two sureties of equal amount.
Issues considered
- Whether the alleged procedural irregularities in the search under Section 103(4) of the BNSS warrant denial of bail
- Whether the nature of the offences under the BNSS and the I.T. Act justifies continued detention
- Whether the petitioners pose a risk of tampering with evidence or fleeing
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 319(2), 336(3), 338, 339, 340(2), 3(5), 480(3), 61(2)
- Information Technology Act — s. 66(C), 66(D)
Subjects
- bail
- cyber fraud
- electronic fraud
- search and seizure
- Bharatiya Nyaya Sanhita
- Information Technology Act
- Section 103(4) BNSS
- Section 480(3) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81243 of 2025
Arising Out of PS. Case No.-336 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Mantu Kumar @ Mantu Paswan S/o Vijay Paswan @ Vijay Kumar Paswan
R/o Village- Barith, P.S.- Katrisarai, District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 85272 of 2025
Arising Out of PS. Case No.-336 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Rahul Paswan S/o Harinandan Paswan Resident of Village - Barith, P.S -
Katrisarai, District – Nalanda. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 85552 of 2025
Arising Out of PS. Case No.-336 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Raju Kumar Son of Suresh Prasad Resident of Village- Barith @ Varith, P.S.-
Katarisarai, District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 86491 of 2025
Arising Out of PS. Case No.-336 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Anchal Kumar S/O Srikant Paswan Resident of Vill.- Kuber Uber, P.S.-
Ghosi, Dist.- Jehanabad. At Present R/O Vill.- Barith, P.S.- Katrisarai, Dist.-
Nalanda. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 81243 of 2025)
For the Petitioner/s : Mr.Anil Chandra, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar Singh, APP
(In CRIMINAL MISCELLANEOUS No. 85272 of 2025)
For the Petitioner/s : Mr.Anil Chandra, Advocate
For the Opposite Party/s : Mr.Sunil Kumar Pandey
(In CRIMINAL MISCELLANEOUS No. 85552 of 2025)
For the Petitioner/s : Mr.Udbhav, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
(In CRIMINAL MISCELLANEOUS No. 86491 of 2025)
For the Petitioner/s : Mr.Anil Chandra, Advocate
For the Opposite Party/s : Mr.Sunil Kumar Pandey, APP
======================================================
Patna High Court CR. MISC. No.81243 of 2025(2) dt.06-02-2026
2/8
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-02-2026 Cr. Misc. No. 81243 of 2025
Heard learned counsel appearing on behalf of the
parties.
2. The petitioner seeks bail in connection with Giriyak
P.S. Case No. 336 of 2025 registered for the offences under
Sections 318(4), 319(2), 336(3), 338, 339, 340(2), 61(2) and
3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(C )
and 66(D) of the I.T. Act.
3. The petitioner is named in the F.I.R. and is in custody
since 30.07.2025.
4. The allegation against the petitioner is to involve in
cyber fraud and to cheat innocent persons by using electronic
gadgets etc., where upon raid different mobile phones were
recovered from the house of this petitioner.
5. Learned counsel appearing on behalf of the petitioner
submitted that only one mobile phone was recovered from
petitioner, but he was shown in possession of three different
mobile phones which was recovered from the other places of the
house, which is occupied by different adult family members. It is
pointed out that search of house was not made in accordance with
law in terms of Section 103(4) of the BNSS. While concluding the
Patna High Court CR. MISC. No.81243 of 2025(2) dt.06-02-2026
3/8
argument it is submitted that, petitioner is a man of clean
antecedent and moreover, investigation of this case has already
completed, and as such, there is no chance of tampering with the
evidence.
6. Learned APP appearing on behalf of the State,
opposes the prayer for bail.
7. In view of aforesaid factual submission and by taking
note of nature of recovery as discussed aforesaid, coupled with the
fact as petitioner remains in custody since 30.07.2025,
accordingly above named petitioner, is directed to be released on
bail in connection with Giriyak P.S. Case No. 336 of 2025 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of learned
C.J.M. Biharsharif, Nalanda/concerned court, subject to the
conditions as mentioned under Section 480(3) of the B.N.S.S.
Cr. Misc. No. 85272 of 2025
Heard learned counsel appearing on behalf of the
parties.
2. The petitioner seeks bail in connection with Giriyak
P.S. Case No. 336 of 2025 registered for the offences under
Sections 318(4), 319(2), 336(3), 338, 339, 340(2), 61(2) and
3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(C )
Patna High Court CR. MISC. No.81243 of 2025(2) dt.06-02-2026
4/8
and 66(D) of the I.T. Act.
3. The petitioner is named in the F.I.R. and is in custody
since 30.07.2025.
4. The allegation against the petitioner is to involve in
cyber fraud and to cheat innocent persons by using electronic
gadgets etc., where upon raid different mobile phones were
recovered from the house of this petitioner.
5. Learned counsel appearing on behalf of the petitioner
submitted that only one mobile phone was recovered from
petitioner, but he was shown in possession of three different
mobile phones which was recovered from the other places of the
house, which is occupied by different adult family members. It is
pointed out that search of house was not made in accordance with
law in terms of Section 103(4) of the BNSS. While concluding the
argument it is submitted that, petitioner is a man of clean
antecedent and moreover, investigation of this case has already
completed, and as such, there is no chance of tampering with the
evidence.
6. Learned APP appearing on behalf of the State,
opposes the prayer for bail.
7. In view of aforesaid factual submission and by taking
note of nature of recovery as discussed aforesaid, coupled with the
Patna High Court CR. MISC. No.81243 of 2025(2) dt.06-02-2026
5/8
fact as petitioner remains in custody since 30.07.2025,
accordingly above named petitioner, is directed to be released on
bail in connection with Giriyak P.S. Case No. 336 of 2025 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of learned
C.J.M. Biharsharif, Nalanda/concerned court, subject to the
conditions as mentioned under Section 480(3) of the B.N.S.S.
Cr. Misc. No. 85552 of 2025
Heard learned counsel appearing on behalf of the
parties.
2. The petitioner seeks bail in connection with Giriyak
P.S. Case No. 336 of 2025 registered for the offences under
Sections 318(4), 319(2), 336(3), 338, 339, 340(2), 61(2) and
3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(C )
and 66(D) of the I.T. Act.
3. The petitioner is named in the F.I.R. and is in custody
since 30.07.2025.
4. The allegation against the petitioner is to involve in
cyber fraud and to cheat innocent persons by using electronic
gadgets etc., where upon raid different mobile phones were
recovered from the house of this petitioner.
5. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.81243 of 2025(2) dt.06-02-2026
6/8
submitted that only one mobile phone was recovered from
petitioner, but he was shown in possession of three different
mobile phones which was recovered from the other places of the
house, which is occupied by different adult family members. It is
pointed out that search of house was not made in accordance with
law in terms of Section 103(4) of the BNSS. While concluding the
argument it is submitted that, petitioner is a man of clean
antecedent and moreover, investigation of this case has already
completed, and as such, there is no chance of tampering with the
evidence.
6. Learned APP appearing on behalf of the State,
opposes the prayer for bail.
7. In view of aforesaid factual submission and by taking
note of nature of recovery as discussed aforesaid, coupled with the
fact as petitioner remains in custody since 30.07.2025,
accordingly above named petitioner, is directed to be released on
bail in connection with Giriyak P.S. Case No. 336 of 2025 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of learned
C.J.M. Biharsharif, Nalanda/concerned court, subject to the
conditions as mentioned under Section 480(3) of the B.N.S.S.
Patna High Court CR. MISC. No.81243 of 2025(2) dt.06-02-2026
7/8
Cr. Misc. No. 86491 of 2025
Heard learned counsel appearing on behalf of the
parties.
2. The petitioner seeks bail in connection with Giriyak
P.S. Case No. 336 of 2025 registered for the offences under
Sections 318(4), 319(2), 336(3), 338, 339, 340(2), 61(2) and
3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(C )
and 66(D) of the I.T. Act.
3. The petitioner is named in the F.I.R. and is in custody
since 30.07.2025.
4. The allegation against the petitioner is to involve in
cyber fraud and to cheat innocent persons by using electronic
gadgets etc., where upon raid different mobile phones were
recovered from the house of this petitioner.
5. Learned counsel appearing on behalf of the petitioner
submitted that only one mobile phone was recovered from
petitioner, but he was shown in possession of three different
mobile phones which was recovered from the other places of the
house, which is occupied by different adult family members. It is
pointed out that search of house was not made in accordance with
law in terms of Section 103(4) of the BNSS. While concluding the
argument it is submitted that, petitioner is a man of clean
Patna High Court CR. MISC. No.81243 of 2025(2) dt.06-02-2026
8/8
antecedent and moreover, investigation of this case has already
completed, and as such, there is no chance of tampering with the
evidence.
6. Learned APP appearing on behalf of the State,
opposes the prayer for bail.
7. In view of aforesaid factual submission and by taking
note of nature of recovery as discussed aforesaid, coupled with the
fact as petitioner remains in custody since 30.07.2025,
accordingly above named petitioner, is directed to be released on
bail in connection with Giriyak P.S. Case No. 336 of 2025 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of learned
C.J.M. Biharsharif, Nalanda/concerned court, subject to the
conditions as mentioned under Section 480(3) of the B.N.S.S.
(Chandra Shekhar Jha, J)
veena/-
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