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Patna High Court

Chhote PanditversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioner subject to a bond of Rs 15,000 with two sureties and conditions of appearance.

Summary

The petitioner, Chhote Pandit, was arrested in a cyber‑crime case (Nalanda Cyber P.S. Case No. 85 of 2025) for alleged offences under the Bharatiya Nyaya Sanhita, 2023 and the Income‑Tax Act, including cheating with forged loan documents. The prosecution seized mobiles, debit cards, documents and cash from a raided house, alleging the accused cheated people by promising fake loans. The petitioner contended that he was falsely implicated, that no incriminating material was found in his possession, that the raided house did not belong to him, and that he has no prior criminal record; he also pointed out that a co‑accused had been granted bail earlier. The State opposed bail. Considering the lack of specific allegations against the petitioner, his clean record and the period of custody already endured, the Court inclined to grant bail, ordering a bond of Rs 15,000 with two sureties and imposing conditions of family surety and regular appearance in court.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the alleged offences under the Bharatiya Nyaya Sanhita and the Income‑Tax Act
  • Whether the prosecution has made specific allegations against the petitioner sufficient to justify continued detention
  • Whether the period of custody already served warrants release on bail

Legislation cited

Subjects

  • bail
  • cyber crime
  • fraud
  • Bharatiya Nyaya Sanhita
  • Income Tax Act
  • criminal procedure
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88481 of 2025
                       Arising Out of PS. Case No.-85 Year-2025 Thana- Cyber P.S. District- Nalanda
                 ======================================================
                 Chhote Pandit S/o Lakhan Pandit Resident of Village- Mohanpur, P.S.-
                 Nalanda, District- Nalanda
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dheeraj Kumar, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-01-2026                           Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with

                   Nalanda Cyber P.S. Case No. 85 of 2025, instituted for the

                   offences punishable under Sections 318(4), 319(2), 336(3),

                   112(2), 338 of the Bharatiya Nyaya Sanhita, 2023 and Section

                   66D of I.T. Act.

                                3. The prosecution case, in short, is that Nalanda

                   Cyber Police traced a suspicious mobile to Village Lakhachak

                   and raided a house, arresting the petitioner along with other co-

                   accused person. Multiple mobiles, debit cards, documents, and

                   cash were seized from the spot. The accused allegedly cheated

                   people by promising fake loans using forged Bajaj Finance

                   papers.
Patna High Court CR. MISC. No.88481 of 2025(2) dt.13-01-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. No incriminating material has been recovered from

          the conscious possession of the petitioner. Learned counsel for

          the petitioner also submits that no specific allegation has been

          attributed against the petitioner rather the same is general and

          omnibus in nature. It is next submitted that the raided house

          does not belong to the petitioner. The petitioner is in custody

          since 17.08.2025 and has got no criminal antecedent. Learned

          counsel for the petitioner further submits that other co-accused

          has been granted regular bail by a Co-ordinate Bench of this

          Court vide order dated 16.12.2025 passed in Cr. Misc. No.

          86180 of 2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
             Patna High Court CR. MISC. No.88481 of 2025(2) dt.13-01-2026
                                                         3/3




                       like amount each to the satisfaction of Court below/concerned

                       Court in connection with Nalanda Cyber P.S. Case No. 85 of

                       2025, subject to the following conditions:

                                    (I) One of the bailors shall be own/close member of

                       the family of the petitioner.

                                    (II) The petitioner shall appear on each and every date

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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