Patna High Court
Sunil PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, directing his release upon furnishing the required bond and sureties.
Summary
Sunil Paswan was named in an FIR for alleged cyber‑related offences under the Bhartiya Nyaya Sanhita, 2023 and the Information Technology Act, based on information obtained from co‑accused persons seized in a raid. No incriminating material was recovered from Paswan’s possession, and he maintains a clean antecedent. The petitioner sought bail, arguing that his inclusion in the FIR was solely on the basis of co‑accused testimony and that similarly situated co‑accused had already been granted bail. The Additional Public Prosecutor opposed bail. The court held that, on the prima facie basis of the allegations and the absence of material evidence, Paswan was entitled to bail, directing his release upon furnishing a bail bond with sureties and subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether bail should be granted when the petitioner’s name appears in the FIR solely based on co‑accused testimony and no material evidence is found.
- Whether the petitioner is entitled to bail under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
- Whether parity with co‑accused who were previously granted bail mandates granting bail to the petitioner.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 111(4), 318(4), 319(2), 336(3), 338, 340(2), 61(2) read with 34
- Code of Criminal Procedure — s. 438(2)
- Information Technology Act — s. 66-B, 66-D
Subjects
- bail
- cyber crime
- Bhartiya Nyaya Sanhita
- Information Technology Act
- Section 438 CrPC
- Section 482 BNSS
- parity
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90865 of 2025
Arising Out of PS. Case No.-277 Year-2025 Thana- WARISLIGANJ District- Nawada
======================================================
Sunil Paswan, S/o Sukhdeo Paswan, R/o Village-Paingri, P.S.- Warisaliganj,
Dist- Nawada
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sudish Kumar, Advocate
For the Opposite Party/s : Mr.Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Warisaliganj P.S.
Case No.277 of 2025 registered under Sections 319(2),
318(4), 338, 336(3), 340(2), 111(4), 61(2) read with 34 of
the Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’) as well
as Sections 66-B and 66-D of the I.T. Act.
3. As per allegation in the FIR, the informant got
secret information that some cyber criminals are gathered
near to one Fanela tree of village-Paigri and involved in
cheating of innocent people. On receipt of such information, a
raid was conducted in which some of the co-accused persons
Patna High Court CR. MISC. No.90865 of 2025(2) dt.09-02-2026
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were apprehended but, 9-10 persons including this petitioner
ran away from the place of raid. Apprehended accused
disclosed the name of petitioner.
4. It is submitted by learned counsel appearing for
petitioner that the name of this petitioner transpired on the
basis of disclosure of apprehended co-accused persons, in
furtherance of which, no incriminating material appears
recovered from his possession as to connect with present
crime in question. It is submitted that similarly situated co-
accused persons have already been granted bail by one of
learned co-ordinate Bench of this Court through Cr. Misc.
No.82301 of 2025 dated 02.12.2025 and as a matter of
judicial parity, the petitioner also deserves bail. The petitioner
claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as prima facie the name of petitioner
transpired on the basis of suspicion arising out of disclosure of
the apprehended co-accused persons, where admittedly
incriminating materials not appears to be recovered from
Patna High Court CR. MISC. No.90865 of 2025(2) dt.09-02-2026
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physical possession of this petitioner, accordingly, the
petitioner, above-named, who is a man of clean antecedent,
in the event of his arrest or surrender in the court below
within a period of four weeks from today, 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 C.J.M., Nawada in
connection with Warisaliganj P.S. Case No.277 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure (in short ‘CrPC’)/under
Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita,
2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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