Patna High Court
Anchal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to the petitioners, directing them to furnish a bail bond of Rs 10,000 with two sureties, subject to Section 480(3) of the BNSS.
Summary
The petitioners, four residents of Barith village, were arrested in connection with a cyber‑fraud case (Giriyak P.S. Case No. 336 of 2025) and have been in custody since 30 July 2025. They were charged under multiple provisions of the Bharatiya Nyaya Sanhita, 2023, including sections 318(4), 319(2), 336(3), 338, 339, 340(2), 61(2) and 3(5), as well as sections 66(C) and 66(D) of the Information Technology Act. The petitioners contended that the search of their house was not conducted in accordance with Section 103(4) of the BNSS and that only one mobile phone was seized from them, while three others were recovered from other parts of the house occupied by other family members. The State opposed bail, arguing the seriousness of the alleged offences. The Court, noting the petitioners' clean antecedents, the completion of the investigation, and the lack of risk of evidence tampering, ordered their release on bail with a bond of Rs 10,000 and two sureties, subject to the conditions of Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted to the accused in a cyber‑fraud case involving sections 66(C) and 66(D) of the IT Act.
- Whether the search and seizure conducted under Section 103(4) of the BNSS was lawful and affects the bail application.
- Whether the continued custody of the accused poses a risk of evidence tampering or flight.
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
- IT Act
- search and seizure
- Bharatiya Nyaya Sanhita
- Section 103(4)
- Section 480(3)
- electronic fraud
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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