Pawan Jaiswal @ Pawan Kumar Jaiswal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51288 of 2026 Arising Out of PS. Case No.-47 Year-2024 Thana- Cyber P.S. District- Samastipur ====================================================== Pawan Jaiswal @ Pawan Kumar Jaiswal Son of Rajendra Prasad Jaiswal Resident of B-402 Om Vasudhara CHS Ltd., Vijay Park near Amber Plaza Hall, Mira Road East, Thane, P.O. Mira Road, P.S.- Kashimira, DistrictThane (Maharashtra) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhay Shanker Singh, Advocate Mr. Banen Kumar Singh, Advocate Mr. Akshansh Shanker, Advocate Mr. Amit Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-07-2026 Heard learned Counsel for the petitioner and learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Samastipur Cyber P.S. Case No. 47 of 2024, lodged on 06/09/2024, under Sections 406, 420, 120B of the IPC read with under Sections 61(2), 316(2), 318(4) of the Bhartiya Nyaya Sanhita, 2023 and under Sections 66(c) and 66(d) of IT Act, 2000.
3. As per the prosecution, allegation of cyber fraud
Patna High Court CR. MISC. No.51288 of 2026(2) dt.29-07-2026 2/3 has been made against the owner of three mobile Nos. 8826479698, 8448998526 and 7379862993 provided in the FIR.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that none of the mobile number which has been shown in the FIR belongs to the petitioner. Counsel submits that the criminal antecedent of the petitioner is clean and he is the resident of Mumbai, which is apparent from the address shown in the petition. Counsel submits that he himself was very much surprised knowing about the criminal case and verified then found that those mobile numbers belong to Sangam Singh and Rinku Singh who were earlier working with the petitioner's company but subsequently left the job and had started their own company on the name of PAY-SWISH TECHPAYMENTS PVT. LTD. bearing certificate No. U62099HR2023PTC111932.
Counsel submits that only one transaction of fifty thousand has taken place with the petitioner's company and his employee of the company and only on this basis he has been made accused. Counsel fairly admit that he is ready to deposit paper of term deposit of rupees fifty thousand before the Court subject to the final outcome of the case.
Patna High Court CR. MISC. No.51288 of 2026(2) dt.29-07-2026 3/3 be imposed upon him.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that in the rejection order it has come that transaction of rupees fifty thousand has taken place.
6. Considering the fact that the antecedent of the petitioner is clean, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of learned A.C.J.M - II, Samastipur, in connection with Samastipur Cyber P.S. Case No. 47 of 2024 subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
7. It is made clear that, at the time of furnishing bail bond, the petitioner shall deposit the original Term Deposit Receipt (TDR) for a sum of 50,000/- (Rupees Fifty ₹ Thousand only) before the learned Trial Court. The said deposit shall remain subject to the final outcome of the trial. (Dr. Anshuman, J) Mkr./Anshuman/ U T