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Patna High Court

Ashik JamalversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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.
            Patna High Court CR. MISC. No.10380 of 2026(2) dt.18-02-2026
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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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