Patna High Court
Aman Kumar @ Aman Kumar JaiswalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners, finding that the evidence did not conclusively link them to the alleged offences.
Summary
The petitioners, named Ramesh Kumar Jaiswal, Hemant Kumar Nishad, Aman Kumar Jaiswal and Ajit Kumar Jaiswal, were arrested in a cyber‑fraud raid conducted by Buxar Cyber Police Station in connection with case No. 55 of 2025. The FIR alleged that the accused were involved in mobile gaming and cyber fraud, leading to the seizure of phones, laptops, SIM cards, ATMs, passbooks and checkbooks, and the arrest of 18 persons. The petitioners contended that they were innocent, had no criminal antecedent, and were merely present at a coaching centre whose equipment was seized, asserting that the FIR only implicated co‑accused Anil Kumar Jaiswal and Aman Kumar Jaiswal. The State opposed bail, citing the serious nature of the offences listed under the B.N.S., 2023, the Information Technology Act and the Promotion and Regulation of Online Gaming Act, 2025. After hearing both sides, the Court found insufficient material directly linking the petitioners to the alleged offences and, considering their lack of prior record, ordered that they be released on bail upon furnishing a bond of Rs. 10,000 with two sureties each.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences alleged under the B.N.S., 2023, the IT Act and the Online Gaming Act
- Whether the FIR and seized material sufficiently establish the participation of the petitioners in the alleged cyber‑fraud
Legislation cited
- B.N.S., 2023 — s. 112, 318(4), 319(2), 336(3), 338, 340(2), 3(5)
- Information Technology Act — s. 66(D)
- Promotion and Regulation of Online Gaming Act, 2025 — s. 9(1)
Subjects
- bail
- cyber fraud
- online gaming
- IT Act
- criminal procedure
- seizure of property
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9415 of 2026
Arising Out of PS. Case No.-55 Year-2025 Thana- Cyber P.S. District- Buxar
======================================================
1. Ramesh Kumar Jaiswal S/o- Thakur Prasad Jaiswal Village - Akhani P.S.-
Nuaow Dist.- Kaimur
2. Hemant Kumar Nishad @ Hem Kumar Nishad S/o- Purushottam Nishad
R/v- Pangaon Ps Dist- Baloda Bazar, Chhattisgarh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 9417 of 2026
Arising Out of PS. Case No.-55 Year-2025 Thana- Cyber P.S. District- Buxar
======================================================
Aman Kumar @ Aman Kumar Jaiswal S/o Shiv Shankar Jaiswal R/o Village
and P.S - Nuaon, District - Kaimur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 9423 of 2026
Arising Out of PS. Case No.-55 Year-2025 Thana- Cyber P.S. District- Buxar
======================================================
Ajit Kumar Jaiswal Son of Anil Kumar Jaiswal @ Anil Jaiswal R/o Village
and P.S - Nuaow, Dist. - Kaimur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 9415 of 2026)
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv.
Mr.Virendra Kumar, Adv.
For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 9417 of 2026)
For the Petitioner/s : Mr.Virendra Kumar, Advocate
For the Opposite Party/s : Mr.Ram Naresh Ray, APP
(In CRIMINAL MISCELLANEOUS No. 9423 of 2026)
Patna High Court CR. MISC. No.9415 of 2026(2) dt.19-02-2026
2/4
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
Mr. Virendra Kumar, Advocate
For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Buxar Cyber P.S. Case No. 55 of 2025 registered for the
offence punishable under Sections 318(4), 319(2), 336(3), 338,
340(2), 112, 3(5) of the B.N.S., 2023 and Section 66(D) of the
I.T. Act as well as Section 9(1) of the Promotion and Regulation
of Online Gaming Act, 2025.
3. The case of the prosecution is that on 28.11.2025,
police received an information that in a rented house, Anil Kumar
Jaiswal and Aman Kumar Jaiswal have called persons from all
over India, and they are indulged in mobile gaming and cyber
fraud. On this input, police reached at the rented house and from
there, 31 mobile phones, various SIM cards, 4 laptops, 82 ATMs, 9
passbooks, and 5 checkbooks were recovered. It is also alleged
that from there, a total of 18 persons were arrested. The name of
these persons finds place in that list.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
Patna High Court CR. MISC. No.9415 of 2026(2) dt.19-02-2026
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case. He also submits that from perusal of the FIR, it is clear that
there is statement in the FIR that the co-accused, namely, Anil
Kumar Jaiswal and Aman Kumar Jaiswal, have called the other
persons who are arrested. It means they have come there on the
call of these two co-accused persons. He further submits that the
Center, which was raided, is a coaching center and the mobile and
laptops which are recovered are those of the Center. He also
submits that from perusal of the FIR, it is clear that police has
recorded that these apprehended persons disclosed that they are
indulged in cyber fraud and they are making transactions of five to
six lakhs per day. He also submits that save and except the
statement of the accused persons, there is nothing against these
petitioners. Moreover, a statement has been made in para 3 of the
petition that petitioners have no criminal antecedent and they are
languishing in judicial custody since 30.11.2025
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.9415 of 2026(2) dt.19-02-2026
4/4
Additional Chief Judicial Magistrate-V, Buxar in connection with
Buxar Cyber P.S. Case No. 55 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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