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Patna High Court

Sunil PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    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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