Patna High Court
Kaushlendra Pd. SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, in view of the vague FIR, clean antecedent and submission of charge‑sheet, bail must be granted subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioners, Pankaj Kumar and Kaushlendra Prasad Sinha, were arrested following a police raid that seized mobile phones, SIM cards and a vehicle in connection with Nawada Cyber Police Station Case No. 165 of 2025, which alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act. They contended that the FIR was vague, no money was demanded, and they were merely in possession of phones, asserting their innocence, clean antecedent and that a charge‑sheet had already been filed. The State opposed bail. The court examined the nature of the allegations, the procedural compliance of Sections 103 and 105 of the BNSS, and the petitioners' custody period. Considering the lack of specific allegations, the clean record and the filing of the charge‑sheet, the court granted bail to both petitioners subject to a bond of Rs 10,000 each, two sureties, and conditions under Section 480(3) of the BNSS. The order released the petitioners on bail with stipulated conditions.
Issues considered
- Whether bail should be granted to the accused under the specified sections of the BNSS and IT Act given the nature of the alleged offences.
- Whether the FIR is sufficiently specific to justify continued detention.
- Whether the investigation complied with Sections 103 and 105 of the BNSS.
- Whether the petitioners' clean antecedent and the filing of a charge‑sheet warrant bail.
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
- FIR
- clean antecedent
- charge-sheet
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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