Patna High Court
Ganesh Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail, holding that the prosecution’s evidence was insufficient to deny bail, especially given the questionable confessional statement and lack of linkage of the alleged mobile number to the petitioner.
Summary
Ganesh Kumar Mandal was arrested in connection with a cyber‑fraud case (Bhagalpur Cyber P.S. Case No. 65 of 2025) alleging violations of Section 318(4) of the B.N.S., 2023 and Sections 66(c) and 66(d) of the Information Technology Act. The prosecution alleged that the petitioner, using a QR code, transferred money to a fraudster posing as a Bajaj Finance employee, after which he was threatened and an FIR was lodged. The petitioner contended that he is innocent, that the mobile number linked to the fraud does not belong to him, and that the only incriminating material is a confessional statement made under police pressure. The court examined the lack of substantive evidence, the absence of the petitioner’s mobile number in the fraud, and the unreliability of the confessional statement. Considering these factors and the petitioner’s clean record, the court decided to enlarge the petitioner on bail. He was ordered to furnish a bail bond of Rs 10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail despite charges under Section 318(4) B.N.S., 2023 and Sections 66(c), 66(d) IT Act.
- Whether the evidence, including the confessional statement and the mobile number, is sufficient to justify denial of bail.
- Whether the mobile number alleged to be used in the fraud belongs to the petitioner.
Legislation cited
- B.N.S., 2023 — s. 318(4)
- Information Technology Act — s. 66(c), 66(d)
Subjects
- bail
- cyber fraud
- Information Technology Act
- Section 66(c)
- Section 66(d)
- Section 318(4) B.N.S.
- confessional statement
- mobile number fraud
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89704 of 2025
Arising Out of PS. Case No.-65 Year-2025 Thana- Cyber P.S. District- Bhagalpur
======================================================
Ganesh Kumar Mandal S/o Chittu Mandal R/o vill - Domariya/ Tillaya, P.S.-
Karmatar, Distt.- Jamtara, Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar, Sr. Adv.
Mr. Raghwendra Pratap Singh, Adv.
Ms. Tanya Kumari, Adv.
For the Informant : Mrs. Pravina Kumari, Adv.
For the Opposite Party/s : Mrs. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 13-03-2026 Heard learned counsel for the petitioner; learned
counsel for the informant and the learned APP for the State.
2. The petitioner has prayed for bail in connection with
Bhagalpur Cyber P.S. Case No. 65 of 2025 registered for the
offence punishable under Section 318(4) of the B.N.S., 2023 and
Sections 66(c), 66(d) of the I.T. Act.
3. The case of the prosecution is that the informant has
an account number and a mobile number. His neighbor Dulo
Mandal came to him and said that he wants to get his EMI
deducted from his account. He gave him the mobile number of a
Bajaj Finance employee bearing Mobile No. 8250982946, and
after talking to him, he gave him his QR code. Thereafter, he sent
Rs. 6,167/- on 24.07.2025. Thereafter, on 02.08.2025, he gets a
Patna High Court CR. MISC. No.89704 of 2025(3) dt.13-03-2026
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call from the same Bajaj Finance employee saying that his
account limit has been reached and to do a favor for him. He
agreed and sent his QR code. After that, he used to deposit money
in the account, and he used to send different QR codes. On
04.08.2025, he got calls from different numbers and was
demanded money and was also threatened that an FIR was lodged
against him if the same was not paid. Then, he called Bajaj
Company and said not to pick up his phone. Thereafter, he
suspected that he was cheated. Hence, this FIR is lodged.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. He also
submits that in this case, the allegation against the petitioner is
that he has committed cyber fraud against the informant. He also
submits that a mobile number is given in the FIR, which is
8250982946, and it is alleged that the fraud has been committed
from that mobile number. He further submits that during the entire
investigation, it has not come out that the said mobile number
belongs to the petitioner. There is only a confessional statement of
this petitioner wherein he has stated that after seeing the police, he
threw the mobile in the pond to save himself from the police. He
also submits that save and except the confessional statement, there
is nothing against the petitioner. He further submits that the
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petitioner uses a different mobile number, and the mobile number
that is used in fraud does not belong to him. He also submits that
no account statement of the petitioner’s account has been brought
on record to show that he has cheated the informant. Moreover, a
statement has been made in para 3 of the petition that petitioner
has no criminal antecedent and he is languishing in judicial
custody since 13.08.2025.
5. The application for bail is vehemently opposed by
the learned counsel for the informant and the learned APP for the
State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Bhagalpur in connection with Bhagalpur
Cyber P.S. Case No. 65 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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