Ganesh Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2026)

Ganesh Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2026)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Warisaliganj P.S. Case No. 207 of 2025.

Issue for consideration

Whether Ganesh Kumar, in custody in connection with Warisaliganj P.S. Case No. 207 of 2025 (offences under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2), 3(5) BNS 2023 and Sections 66(B), 66(D) I.T. Act), should be released on bail.

Court's answer

This Court granted bail to the petitioner, considering the facts and circumstances of the case, the period of custody undergone by the petitioner, and the prayer for bail being based on parity (co-accused Itesh Kumar having been granted bail).

Ratio / Principle

Operative direction: the petitioner to be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the Court below in connection with Warisaliganj P.S. Case No. 207 of 2025.

Detailed headnote1 paragraphs

Criminal Bail — Regular bail granted (Patna High Court, Rudra Prakash Mishra, J., 16-01-2026) to Ganesh Kumar in Warisaliganj P.S. Case No. 207 of 2025 (District Nawada), instituted under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 66(B) and 66(D) of the I.T. Act. Prosecution case: on secret information police raided Tanti Mirbigha, arrested six accused and recovered mobile phones, SIM cards, documents and customer data allegedly used for online loan fraud by impersonating bank staff, cheating public in the name of 'Dhani Finance and Services'. Petitioner's counsel pleaded false implication on suspicion, nothing incriminating recovered from conscious possession, custody since 11.10.2025, no criminal antecedent, parity with co-accused Itesh Kumar (bail granted 23.09.2025 in Criminal Miscellaneous No. 58969 of 2025), and alleged non-compliance of Section 103 BNSS 2023; APP opposed. Court granted bail considering period of custody and parity; bail fixed at Rs. 15,000/- with two sureties of the like amount each.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89843 of 2025

Arising Out of PS. Case No.-207 Year-2025 Thana- WARISLIGANJ District- Nawada

======================================================

Ganesh Kumar S/O Shankar Tanti R/O Vill. - Tanti Mirbigha, P.S. - Warisaliganj,Dist.- Nawada

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Deepak Kumar, Advocate For the Opposite Party/s : Mr.Lalan Kumar, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 16-01-2026 Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in connection with Warisaliganj P.S. Case No. 207 of 2025, instituted for the offences punishable under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 66(B) and 66(D) of the I.T. Act.

The prosecution case, in short, is that on a secret information, the police raided Tanti Mirbigha and arrested six accused persons and recovered mobile phones, SIM cards, documents and customer data used for online loan fraud by impersonating bank staff. It is alleged that they used to cheat public in the name of Dhani Finance and Services for providing online loan

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.89843 of 2025(2) dt.16-01-2026 2/2

present case merely on the basis of suspicion. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The other co-accused namely Itesh Kumar has been granted bail vide order dated 23.09.2025 passed in Criminal Miscellaneous No. 58969 of 2025. The petitioner is in custody since 11.10.2025 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner as also the prayer for bail being based on parity, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Warisaliganj P.S. Case No. 207 of 2025.

(Rudra Prakash Mishra, J)