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2026 DAILYLAW 41803 (PAT)

Mantu Kumar @ Mantu Paswan v. The State of Bihar

CR. MISC./81243/2025 · 2026-02-06

Chandra Shekhar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81243 of 2025 Arising Out of PS. Case No.-336 Year-2025 Thana- GRIYAK District- Nalanda ====================================================== Mantu Kumar @ Mantu Paswan S/o Vijay Paswan @ Vijay Kumar Paswan R/o Village- Barith, P.S.- Katrisarai, District- Nalanda. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 85272 of 2025 Arising Out of PS. Case No.-336 Year-2025 Thana- GRIYAK District- Nalanda ====================================================== Rahul Paswan S/o Harinandan Paswan Resident of Village - Barith, P.S - Katrisarai, District – Nalanda. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 85552 of 2025 Arising Out of PS. Case No.-336 Year-2025 Thana- GRIYAK District- Nalanda ====================================================== Raju Kumar Son of Suresh Prasad Resident of Village- Barith @ Varith, P.S.- Katarisarai, District- Nalanda. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 86491 of 2025 Arising Out of PS. Case No.-336 Year-2025 Thana- GRIYAK District- Nalanda ====================================================== Anchal Kumar S/O Srikant Paswan Resident of Vill.- Kuber Uber, P.S.- Ghosi, Dist.- Jehanabad. At Present R/O Vill.- Barith, P.S.- Katrisarai, Dist.- Nalanda. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 81243 of 2025) For the Petitioner/s : Mr.Anil Chandra, Advocate For the Opposite Party/s : Mr.Yogendra Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 85272 of 2025) For the Petitioner/s : Mr.Anil Chandra, Advocate For the Opposite Party/s : Mr.Sunil Kumar Pandey (In CRIMINAL MISCELLANEOUS No. 85552 of 2025) For the Petitioner/s : Mr.Udbhav, Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey, APP (In CRIMINAL MISCELLANEOUS No. 86491 of 2025) For the Petitioner/s : Mr.Anil Chandra, Advocate For the Opposite Party/s : Mr.Sunil Kumar Pandey, APP ====================================================== Patna High Court CR. MISC. No.81243 of 2025(2) dt.06-02-2026 2/8 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 06-02-2026 Cr. Misc. No. 81243 of 2025 Heard learned counsel appearing on behalf of the parties. 2. The petitioner seeks bail in connection with Giriyak P.S. Case No. 336 of 2025 registered for the offences under Sections 318(4), 319(2), 336(3), 338, 339, 340(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(C ) and 66(D) of the I.T. Act. 3. The petitioner is named in the F.I.R. and is in custody since 30.07.2025. 4. The allegation against the petitioner is to involve in cyber fraud and to cheat innocent persons by using electronic gadgets etc., where upon raid different mobile phones were recovered from the house of this petitioner. 5. Learned counsel appearing on behalf of the petitioner submitted that only one mobile phone was recovered from petitioner, but he was shown in possession of three different mobile phones which was recovered from the other places of the house, which is occupied by different adult family members. It is pointed out that search of house was not made in accordance with law in terms of Section 103(4) of the BNSS. While concluding the Patna High Court CR. MISC. No.81243 of 2025(2) dt.06-02-2026 3/8 argument it is submitted that, petitioner is a man of clean antecedent and moreover, investigation of this case has already completed, and as such, there is no chance of tampering with the evidence. 6. Learned APP appearing on behalf of the State, opposes the prayer for bail. 7. In view of aforesaid factual submission and by taking note of nature of recovery as discussed aforesaid, coupled with the fact as petitioner remains in custody since 30.07.2025, accordingly above named petitioner, is directed to be released on bail in connection with Giriyak P.S. Case No. 336 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Biharsharif, Nalanda/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S. Cr. Misc. No. 85272 of 2025 Heard learned counsel appearing on behalf of the parties. 2. The petitioner seeks bail in connection with Giriyak P.S. Case No. 336 of 2025 registered for the offences under Sections 318(4), 319(2), 336(3), 338, 339, 340(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(C ) Patna High Court CR. MISC. No.81243 of 2025(2) dt.06-02-2026 4/8 and 66(D) of the I.T. Act. 3. The petitioner is named in the F.I.R. and is in custody since 30.07.2025. 4. The allegation against the petitioner is to involve in cyber fraud and to cheat innocent persons by using electronic gadgets etc., where upon raid different mobile phones were recovered from the house of this petitioner. 5. Learned counsel appearing on behalf of the petitioner submitted that only one mobile phone was recovered from petitioner, but he was shown in possession of three different mobile phones which was recovered from the other places of the house, which is occupied by different adult family members. It is pointed out that search of house was not made in accordance with law in terms of Section 103(4) of the BNSS. While concluding the argument it is submitted that, petitioner is a man of clean antecedent and moreover, investigation of this case has already completed, and as such, there is no chance of tampering with the evidence. 6. Learned APP appearing on behalf of the State, opposes the prayer for bail. 7. In view of aforesaid factual submission and by taking note of nature of recovery as discussed aforesaid, coupled with the Patna High Court CR. MISC. No.81243 of 2025(2) dt.06-02-2026 5/8 fact as petitioner remains in custody since 30.07.2025, accordingly above named petitioner, is directed to be released on bail in connection with Giriyak P.S. Case No. 336 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Biharsharif, Nalanda/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S. Cr. Misc. No. 85552 of 2025 Heard learned counsel appearing on behalf of the parties. 2. The petitioner seeks bail in connection with Giriyak P.S. Case No. 336 of 2025 registered for the offences under Sections 318(4), 319(2), 336(3), 338, 339, 340(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(C ) and 66(D) of the I.T. Act. 3. The petitioner is named in the F.I.R. and is in custody since 30.07.2025. 4. The allegation against the petitioner is to involve in cyber fraud and to cheat innocent persons by using electronic gadgets etc., where upon raid different mobile phones were recovered from the house of this petitioner. 5. Learned counsel appearing on behalf of the petitioner Patna High Court CR. MISC. No.81243 of 2025(2) dt.06-02-2026 6/8 submitted that only one mobile phone was recovered from petitioner, but he was shown in possession of three different mobile phones which was recovered from the other places of the house, which is occupied by different adult family members. It is pointed out that search of house was not made in accordance with law in terms of Section 103(4) of the BNSS. While concluding the argument it is submitted that, petitioner is a man of clean antecedent and moreover, investigation of this case has already completed, and as such, there is no chance of tampering with the evidence. 6. Learned APP appearing on behalf of the State, opposes the prayer for bail. 7. In view of aforesaid factual submission and by taking note of nature of recovery as discussed aforesaid, coupled with the fact as petitioner remains in custody since 30.07.2025, accordingly above named petitioner, is directed to be released on bail in connection with Giriyak P.S. Case No. 336 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Biharsharif, Nalanda/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S. Patna High Court CR. MISC. No.81243 of 2025(2) dt.06-02-2026 7/8 Cr. Misc. No. 86491 of 2025 Heard learned counsel appearing on behalf of the parties. 2. The petitioner seeks bail in connection with Giriyak P.S. Case No. 336 of 2025 registered for the offences under Sections 318(4), 319(2), 336(3), 338, 339, 340(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(C ) and 66(D) of the I.T. Act. 3. The petitioner is named in the F.I.R. and is in custody since 30.07.2025. 4. The allegation against the petitioner is to involve in cyber fraud and to cheat innocent persons by using electronic gadgets etc., where upon raid different mobile phones were recovered from the house of this petitioner. 5. Learned counsel appearing on behalf of the petitioner submitted that only one mobile phone was recovered from petitioner, but he was shown in possession of three different mobile phones which was recovered from the other places of the house, which is occupied by different adult family members. It is pointed out that search of house was not made in accordance with law in terms of Section 103(4) of the BNSS. While concluding the argument it is submitted that, petitioner is a man of clean Patna High Court CR. MISC. No.81243 of 2025(2) dt.06-02-2026 8/8 antecedent and moreover, investigation of this case has already completed, and as such, there is no chance of tampering with the evidence. 6. Learned APP appearing on behalf of the State, opposes the prayer for bail. 7. In view of aforesaid factual submission and by taking note of nature of recovery as discussed aforesaid, coupled with the fact as petitioner remains in custody since 30.07.2025, accordingly above named petitioner, is directed to be released on bail in connection with Giriyak P.S. Case No. 336 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Biharsharif, Nalanda/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S. veena/- (Chandra Shekhar Jha, J) U T