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Patna High Court

Ganesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

Ganesh Kumar was arrested in connection with an online loan fraud case (Warisaliganj P.S. Case No. 207 of 2025) and charged under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act. The prosecution alleged that a police raid uncovered mobile phones, SIM cards and documents used to impersonate bank staff and cheat the public. The petitioner contended that he was falsely implicated, no incriminating material was found in his possession, he has no prior record, and another co‑accused had already been granted bail. The State opposed bail, arguing the seriousness of the offences. The Court, noting the petitioner’s prolonged custody, the lack of direct evidence, the absence of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, and the principle of parity with the co‑accused, decided to grant bail on condition of a cash bond and sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita and the IT Act

Legislation cited

Subjects

  • bail
  • online loan fraud
  • cybercrime
  • Information Technology Act
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • suspicion
  • parity

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89843 of 2025
                    Arising Out of PS. Case No.-207 Year-2025 Thana- WARISLIGANJ District- Nawada
                 ======================================================
                 Ganesh Kumar S/O Shankar Tanti R/O Vill. - Tanti Mirbigha, P.S. -
                 Warisaliganj,Dist.- Nawada
                                                                    ... ... Petitioner/s
                                            Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Deepak Kumar, Advocate
                 For the Opposite Party/s :      Mr.Lalan Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   16-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Warisaliganj P.S. Case No. 207 of 2025, instituted for the

                   offences punishable under Sections 319(2), 318(4), 338, 336(3),

                   340(2), 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, read

                   with Sections 66(B) and 66(D) of the I.T. Act.

                                3. The prosecution case, in short, is that on a secret

                   information, the police raided Tanti Mirbigha and arrested six

                   accused persons and recovered mobile phones, SIM cards,

                   documents and customer data used for online loan fraud by

                   impersonating bank staff. It is alleged that they used to cheat

                   public in the name of Dhani Finance and Services for providing

                   online loan

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the
           Patna High Court CR. MISC. No.89843 of 2025(2) dt.16-01-2026
                                                       2/2




                     present case merely on the basis of suspicion. He further

                     submits that nothing incriminating has been recovered from the

                     conscious possession of the petitioner. The other co-accused

                     namely Itesh Kumar has been granted bail vide order dated

                     23.09.2025 passed in Criminal Miscellaneous No. 58969 of

                     2025. The petitioner is in custody since 11.10.2025 and has got

                     no criminal antecedent. There is no compliance of Section 103

                     of the Bharatiya Nagarik Suraksha Sanhita, 2023.

                                   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 as also the prayer for bail being

                     based on parity, this Court is inclined to grant bail to the

                     petitioner.

                                   7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Warisaliganj P.S.

                     Case No. 207 of 2025.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T


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