Patna High Court
Ganshu Kumar @ Ganesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail must be denied as the offences are serious, charges have been framed, trial is underway, and there is no ground to review the earlier order.
Summary
The petitioner, Ganshu Kumar, applied for regular bail in a cyber‑fraud case (Case No. 91 of 2024) charged under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(C) and 66(D) of the Information Technology Act, with additional charges under Sections 338, 336(3) and 340(2) of the Bharatiya Nyaya Sanhita. The High Court had earlier rejected his bail application on 30‑04‑2025, noting his alleged role in a cyber‑fraud gang and that he had been in custody since 03‑12‑2024. The petitioner filed a second bail application, arguing that the charges were not grave enough to deny bail. The Court examined whether the seriousness of the offences, the framing of charges, and the commencement of trial justified denial of bail. Finding the allegations serious, the trial already underway, and no ground to revisit its earlier order, the Court upheld the earlier decision and rejected the bail application.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with offences under the Bharatiya Nyaya Sanhita, 2023 and the IT Act.
- Whether the Court can review its earlier order denying bail after charges have been framed and trial commenced.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 336(3), 338, 340(2)
- Information Technology Act — s. 66(C), 66(D)
Subjects
- bail
- cyber fraud
- Bharatiya Nyaya Sanhita
- Information Technology Act
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88395 of 2025
Arising Out of PS. Case No.-91 Year-2024 Thana- Cyber P.S. District- Bhojpur
======================================================
Ganshu Kumar @ Ganesh Kumar S/O Jatayu Chaudhary R/O Village-
Chhatiyana, P.S- Harnaut, Distt.- Nalanda (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Singh
For the Opposite Party/s : Mr. Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner. The
petitioner seeks bail in connection with Bhojpur Cyber P.S. Case
No. 91 of 2024 registered for the offence under Sections 316(2)
and 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections
66(C) and 66(D) of the IT Act. Sections 338, 336(3), 340(2) of
the Bharatiya Nyaya Sanhita, 2023 was added later.
3. Earlier the bail application of the petitioner was
rejected on 30.04.2025 in Cr. Misc. No. 24000 of 2025 which
reads as follows:-
Heard the learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks regular bail in
connection with Bhojpur Cyber P.S. Case No. 91
of 2024 registered for the offence under Sections
Patna High Court CR. MISC. No.88395 of 2025(2) dt.12-02-2026
2/2
316(2), 318(4) of the Bharatiya Nyaya Sanhita,
2023 and Sections 66© & 66(D) of the IT Act.
Sections 338, 336(3) & 340(2) of the Bharatiya
Nyaya Sanhita, 2023 was added subsequently.
3. The petitioner is a member of a
cyber fraud gang and his role in the fraud is to
make calls to the innocent people, who are
thereafter cheated of their hard earned money.
4. The modus operandi of the
fraudulent transactions has come during the
investigation. The petitioner is in jail
since03.12.2024.
5. Considering the allegations
levelled against the petitioner, I am not inclined
to grant bail to the petitioner. Accordingly, this
application for regular bail is hereby rejected.
4. The charges have been framed and the trial has
started. This Court finds no ground to review its earlier order.
Accordingly, this application for regular bail stands rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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