Patna High Court
Chhote PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 112(2), 318(4), 319(2), 336(3), 338
- Income Tax Act — s. 66D
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
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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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