Ganesh Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89704 of 2025 Arising Out of PS. Case No.-65 Year-2025 Thana- Cyber P.S. District- Bhagalpur ====================================================== Ganesh Kumar Mandal S/o Chittu Mandal R/o vill - Domariya/ Tillaya, P.S.- Karmatar, Distt.- Jamtara, Jharkhand ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar, Sr. Adv.
Mr. Raghwendra Pratap Singh, Adv.
Ms. Tanya Kumari, Adv.
For the Informant :
Mrs. Pravina Kumari, Adv.
For the Opposite Party/s :
Mrs. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 13-03-2026 Heard learned counsel for the petitioner; learned counsel for the informant and the learned APP for the State.
2. The petitioner has prayed for bail in connection with Bhagalpur Cyber P.S. Case No. 65 of 2025 registered for the offence punishable under Section 318(4) of the B.N.S., 2023 and Sections 66(c), 66(d) of the I.T. Act.
3. The case of the prosecution is that the informant has an account number and a mobile number. His neighbor Dulo Mandal came to him and said that he wants to get his EMI deducted from his account. He gave him the mobile number of a Bajaj Finance employee bearing Mobile No. 8250982946, and after talking to him, he gave him his QR code. Thereafter, he sent Rs. 6,167/- on 24.07.2025. Thereafter, on 02.08.2025, he gets a
Patna High Court CR. MISC. No.89704 of 2025(3) dt.13-03-2026 2/3 call from the same Bajaj Finance employee saying that his account limit has been reached and to do a favor for him. He agreed and sent his QR code. After that, he used to deposit money in the account, and he used to send different QR codes. On 04.08.2025, he got calls from different numbers and was demanded money and was also threatened that an FIR was lodged against him if the same was not paid. Then, he called Bajaj Company and said not to pick up his phone. Thereafter, he suspected that he was cheated. Hence, this FIR is lodged.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that in this case, the allegation against the petitioner is that he has committed cyber fraud against the informant. He also submits that a mobile number is given in the FIR, which is 8250982946, and it is alleged that the fraud has been committed from that mobile number. He further submits that during the entire investigation, it has not come out that the said mobile number belongs to the petitioner. There is only a confessional statement of this petitioner wherein he has stated that after seeing the police, he threw the mobile in the pond to save himself from the police. He also submits that save and except the confessional statement, there is nothing against the petitioner. He further submits that the
Patna High Court CR. MISC. No.89704 of 2025(3) dt.13-03-2026 3/3 petitioner uses a different mobile number, and the mobile number that is used in fraud does not belong to him. He also submits that no account statement of the petitioner's account has been brought on record to show that he has cheated the informant. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 13.08.2025.
5. The application for bail is vehemently opposed by the learned counsel for the informant and the 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 petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bhagalpur in connection with Bhagalpur Cyber P.S. Case No. 65 of 2025.
(Ashok Kumar Pandey, J) Sudhanshu/- U T