Patna High Court
Ashik JamalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Ashik Jamal applied for regular bail in a case registered under several sections of the Indian Penal Code and Sections 66(C) and 66(D) of the Information Technology Act for alleged cyber fraud involving a fake Instagram ID and a loss of Rs.1.75 lakh. The prosecution’s case is based mainly on statements of a co‑accused, Sandeep Kumar, and lacks concrete documentary evidence such as account statements linking the petitioner to the alleged cheating. The petitioner’s counsel argued that he has no criminal antecedents, the allegations are bald, and he has been in judicial custody since 18‑08‑2025. The Additional Prosecutor opposed bail. Considering the absence of material evidence and the petitioner’s clean record, the court decided to grant regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the IPC and the IT Act
- Whether the prosecution has produced sufficient material evidence to justify denial of bail
Legislation cited
- Indian Penal Code — s. 316, 318, 319, 336, 338, 61
- Information Technology Act, 2000 — s. 66(C), 66(D)
Subjects
- regular bail
- cyber fraud
- Information Technology Act
- Indian Penal Code
- evidence
- no criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10380 of 2026
Arising Out of PS. Case No.-132 Year-2025 Thana- Cyber P.S. District- East Champaran
======================================================
Ashik Jamal S/O Jamaluddin R/O Sakin- Ramkaran Pakdi, Ward no.11, P.S.-
Chakia, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sauravh Singh, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 319(2),
318(4), 338, 336(3), 316(2) & 61(2) of the B.N.S. and under
Sections 66(C) & 66(D) of the Information Technology (in short
‘I.T.’)Act.
3. The case of the prosecution, in short, is that
Pratibimb Portal a mobile no. 7493948608 was found and it was
detected that there were two complaints on this number. One
Jamal Khan of Hardoi, Uttar Pradesh has complained that
someone has made fake ID of his friend on Instagram and
cheated him of Rs.1,75,000/-. This mobile number was found
with one Sandeep Kumar.. This petitioner has also disclosed that
Patna High Court CR. MISC. No.10380 of 2026(2) dt.18-02-2026
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he is involved in the offence of cyber fraud.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
falsely been implicated in this case. Learned counsel has
submitted that the name of this petitioner has been disclosed by
Sandeep Kumar and Sandeep has further stated that that
Aashuiq Jamaal the petitioner used to send money in his HDFC
A/c no. 50100735601391 and he was also given a share. This
petitioner has also disclosed that he is involved in the offence of
cyber fraud. Learned counsel has further submitted that save and
except the statement of the petitioner, there is no concrete
material to show that the petitioner has cheated anybody and it
is not clear from the FIR as to what amount, this petitioner has
sent in the account of Sandeep Kumar and what share was paid
to him. The allegations are bald. He has further submitted that
no account statement of this petitioner is there to show that he
has cheated anybody. Learned counsel has also furnished the
account statement of the victim which goes to show that the
victim is having around twelve thousand in his account. A
statement has been made in para-3 of this petition that the
petitioner has got no criminal antecedent. Moreover, he is
languishing in judicial custody since 18.08.2025.
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5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Motihari Cyber P.S. Case No. 132 of
2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, East Champaran at Motihari.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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