Patna High Court

Dharmpal Chaudhary @ Dularchand ChaudharyversusThe State of Bihar

Decided: 9 January 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

In the absence of any incriminating material against the petitioner, the court held that bail must be granted.

Summary

The petitioner, Dharmpal Chaudhary, was named in an FIR for alleged cyber fraud under several provisions of the Bhartiya Nyay Sanhita, 2023 and the Information Technology Act. The investigation uncovered no electronic trail or incriminating material against him, and his alleged involvement stemmed solely from the disclosure of a co-accused. The petitioner’s counsel argued that he has a clean antecedent and that the case against him is purely speculative. The State opposed bail, citing the seriousness of the offences. The court, noting the lack of prima facie evidence, directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNS. Bail was consequently granted.

Issues considered

Whether the petitioner is entitled to bail despite being named in the FIR for multiple cyber offences.
Whether the absence of electronic evidence and reliance on co-accused testimony suffices to deny bail.
Applicability of Section 438(2) Cr.P.C. and Section 482(2) BNS in granting bail.

Legislation cited

Bhartiya Nyay Sanhita, 2023 — s. 111(2), 303(2), 316(2), 318(4), 319(2), 336(3), 338, 340(2), 482(2), 61(2) read with 3(5)
Code of Criminal Procedure, 1973 — s. 438(2)
Information Technology Act — s. 66, 66-C, 66-D

Subjects

bail
cyber fraud
IT Act
BNS
electronic evidence
Section 438
Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90043 of 2025
                       Arising Out of PS. Case No.-60 Year-2025 Thana- Cyber P.S. District- Nalanda
                 ======================================================
                 Dharmpal Chaudhary @ Dularchand Chaudhary, S/o Rajo Chaudhary, R/o
                 Village-Bahadurganj, P.S.- Katrisarai (Giriyak), Distt- Nalanda
                                                                                  ... ... Petitioner
                                                     Versus
                 The State of Bihar
                                                                           ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Raj Kishor Prasad, Advocate
                 For the Opposite Party/s :        Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   09-01-2026                  Heard the parties.

                                2. The accused/petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Nalanda Cyber

                   P.S. Case No. 60 of 2025 registered for the offences

                   punishable under Sections 111(2), 303(2), 316(2), 318(4),

                   319(2), 336(3), 338, 340(2), 61(2) read with 3(5) of the

                   Bhartiya Nyay Sanhita, 2023 (in short ‘BNS’) and Sections

                   66, 66-C, 66-D of the Information and Technology Act.

                                3. The allegation against petitioner is to cheat

                   innocent people along with other co-accused persons by

                   committing cyber fraud.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that initially one mobile number was
Patna High Court CR. MISC. No.90043 of 2025(2) dt.09-01-2026
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          found involved in alleged cyber fraud i.e., 9038959173 on

          the basis of which, police conducted raid in the house situated

          at village-Barandi of co-accused and apprehended co-accused

          Bihari Kumar. It is pointed out that on the basis of disclosure

          as made by apprehended co-accused Bihari Kumar, this

          petitioner was implicated, against whom, neither any

          electronic trail nor any incriminating circumstance/material

          surfaced during the course of investigation, which is almost

          completed on every aspects. While concluding argument, it is

          submitted that petitioner is a man of clean antecedent.

                       5. Learned APP opposes the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact that as save and except suspicion arising

          out of disclosure, prima-facie nothing incriminating appears

          out of investigation against petitioner, accordingly, petitioner,

          above-named, in the event of his arrest or surrender before

          the court below within a period of four weeks, is directed to be

          released on bail on furnishing bail bond of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Chief Judicial
           Patna High Court CR. MISC. No.90043 of 2025(2) dt.09-01-2026
                                                       3/3




                     Magistrate, Nalanda at Biharsharif/concerned Court, where

                     the case is pending in connection with Nalanda Cyber P.S.

                     Case No. 60 of 2025, subject to the conditions as laid down

                     under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.


                                                        (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T

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