Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners subject to the conditions prescribed under Section 480(3) of the BNSS.
Summary
The petitioners, Pankaj Kumar and Kaushlendra Prasad Sinha, were arrested following a police raid on a vehicle where several mobile phones and SIM cards were seized. They were charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act for alleged cyber offences. The petitioners contended that the FIR was vague, no money was demanded, and they were arrested merely on suspicion without proper compliance of Sections 103 and 105 of the BNSS, emphasizing their clean antecedent and that a charge‑sheet had already been filed. The State opposed the bail applications. Considering the nature of the allegations, the petitioners' clean record, the filing of the charge‑sheet, and the period of custody, the court granted bail subject to a Rs.10,000 bond, two sureties, and specific conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted to the accused in view of the nature and seriousness of the cyber offences alleged under the BNSS and IT Act.
- Whether the FIR and the arrest complied with the procedural requirements of Sections 103 and 105 of the BNSS.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 303(2), 317(2), 317(5), 318(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2), 480(3), 61(2)
- Information Technology Act — s. 66, 66B, 66C, 66D
Subjects
- bail
- cyber crime
- mobile phone seizure
- Bharatiya Nyaya Sanhita
- Information Technology Act
- suspicion arrest
- charge-sheet
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91691 of 2025
Arising Out of PS. Case No.-165 Year-2025 Thana- Cyber P.S. District- Nawada
======================================================
Pankaj Kumar son of Sideshwar Prasad Resident of Mirbigha Police Station-
Warshaliganj, Dist- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 91766 of 2025
Arising Out of PS. Case No.-165 Year-2025 Thana- Cyber P.S. District- Nawada
======================================================
Kaushlendra Pd. Sinha Son of Krishna Prasad Resident of
Ashuthana(Asthana), Police Station - Shekhopur Sarai, Dist. - Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 91691 of 2025)
For the Petitioner/s : Mr. Kshem Sharma, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
(In CRIMINAL MISCELLANEOUS No. 91766 of 2025)
For the Petitioner/s : Mr. Kshem Sharma, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 25-02-2026 Since both the applications arise out of Nawada Cyber
P.S. Case No. 165 of 2025, as such, they have been taken up
together and are being disposed of by this common order.
02. Heard learned counsel for the petitioners and
learned APPs for the State.
03. In the present case, the petitioners seek bail in
Patna High Court CR. MISC. No.91691 of 2025(3) dt.25-02-2026
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connection with Nawada Cyber P.S. Case No. 165 of 2025 dated
21.10.2025, registered for the offences punishable under Sections
303(2), 318(2), 318(4), 319(2), 336(2), 336(3), 338, 340(2), 111,
317(2), 317(5) and 61(2) of Bharatiya Nyaya Sanhita, 2023 and
Sections 66, 66B, 66C and 66D of the Information & Technology
Act.
04. As per prosecution case, police started conducting
raid against the user of mobile no. 8167480408 and when the
police party reached at the identified place, they found five
persons sitting in a Scorpio vehicle doing something with mobile
phones. Thereafter, the five persons were searched and a number
of mobile phones and two SIM cards were recovered from the
accused persons. From the petitioner, Pankaj Kumar, recovery of
four smart mobile phones and four SIM cards was made apart
from a four wheeler car. From the petitioner, Kaushalendra
Prasad Sinha, recovery of a mobile phone and a Scorpio vehicle
was made.
05. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
this case. The FIR has been lodged with completely vague
allegations. There is no demand of money in any manner and for
merely possessing mobile phones, the petitioner could not be put
behind the bar any longer. From the whole FIR, no offence is made
Patna High Court CR. MISC. No.91691 of 2025(3) dt.25-02-2026
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out against the petitioner. There is no allegation that the mobile
phones recovered from the petitioners were used to demand
extortion or for committing some cyber fraud. Learned counsel
further submits that the petitioners were arrested merely on
suspicion as there was some hot talk between the petitioners and
the police party. There is no proper compliance of Sections 103
and 105 of the B.N.S.S., 2023. Learned counsel next submits that
petitioners are having clean antecedent and charge-sheet has been
submitted. Learned counsel lastly submits that petitioners are in
custody since 22.10.2025.
06. Learned APPs for the State oppose the submission
made on behalf of the petitioners.
07. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation against the petitioners and also considering
their clean antecedent and period of custody along with
submission of charge-sheet, the petitioners above named are
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-VI, Nawada / concerned Court, in connection
with Cyber P.S. Case No. 165 of 2025, subject to the conditions
mentioned in Section 480(3) of BNSS and the following
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conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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