Patna High Court
Ganesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 319(2), 336(3), 338, 340(2), 3(5), 61(2)
- Information Technology Act — s. 66(B), 66(D)
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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