Patna High Court
Wasim AkramversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court denied bail to the petitioner, holding that the circumstances did not justify his release at this stage.
Summary
The petitioner, Wasim Akram, a director of W.S. Innovatex Private Limited, applied for bail in a cyber‑fraud and money‑laundering case registered as Cyber (Bagaha) P.S. Case No. 24 of 2025. The prosecution alleged that the petitioner facilitated the transfer of approximately Rs. 5.75 crore and Rs. 95 lakh to accounts opened through WhatsApp contacts after victims were lured by fraudulent Facebook advertisements promising high returns in share trading. The victim’s mobile call data records showed the petitioner’s SIM and bank account were used with his consent for the alleged fraud, indicating participation in the scheme. The petitioner claimed no prior criminal record and that he had been in judicial custody since 3 December 2025. The State opposed bail, emphasizing the seriousness of the offences under the B.N.S., IPC and IT Act and the risk of further tampering with evidence. The court, after considering the facts, declined to grant bail, allowing the petitioner to re‑apply after six months if the trial remains pending.
Issues considered
- Whether bail should be granted to the petitioner in view of the alleged cyber‑fraud and money‑laundering offences.
- Whether the petitioner’s alleged consent to use his SIM and bank account makes him a principal offender liable to denial of bail.
- Whether the nature and gravity of the offences under the B.N.S., IPC and IT Act warrant continued custody.
Legislation cited
- Bihar Narcotic Substances (B.N.S.) Act, 2023 — s. 112, 318(4), 336(3), 338, 3(5), 61(2)
- Indian Penal Code — s. 120B, 34, 420, 468
- Information Technology Act — s. 66(C), 66(D)
Subjects
- cyber fraud
- money laundering
- bail
- Indian Penal Code
- Information Technology Act
- director
- financial crime
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10443 of 2026
Arising Out of PS. Case No.-24 Year-2025 Thana- Cyber P.S. District- West Champaran
======================================================
Wasim Akram S/o Shaid Samsi @ Sayeed Shamsi R/o Mohalla- Nawab
Bahadur Road, Patna City, Police Station- Khajekala, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kumar Singh, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
CAV ORDER
4 21-04-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner has prayed for bail in connection
with Cyber (Bagaha) P.S. Case No. 24 of 2025 registered for the
offence punishable under Sections 318(4), 338, 112, 336(3),
61(2), 3(5) of the B.N.S., 2023 and Sections 420, 468, 120B, 34
of the Indian Penal Code and Sections 66(C), 66(D) of the I.T.
Act.
3. The case of the prosecution, in short, is that the
informant came across an advertisement of Ind Bank Merchant
Banking on his Facebook account in which there was assurance
of getting more return on investments in the share market. After
that, the informant clicked the link. Thereafter, the WhatsApp
account of Megha Bhandari with mobile no. 9755638401 was
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opened on his mobile and he was directed to transfer the amount
to the account number of Thakre Construction. The informant
transferred Rs. 49,000/- from his account to the account of
Thakre Construction and also received a profit of 10%, which
was apparent from his QIB account. After getting this benefit in
the share marketing, the informant started investing further on
the instance of Megha Bhandari. After 15 days, another
advertisement was shown on his Facebook account, on which
the informant clicked, and WhatsApp of Yalini Guna with
mobile no. 9108677256 was opened on his mobile phone. At the
instance of Yalini Guna, a QIB account was also opened in the
name of the informant. It has been stated that from 25.09.2025
to 29.10.2025, the informant transferred a total of Five crore
seventy five lakhs to the account opened by Megha Bhandari for
the informant. The informant further transferred Rs. 95,00,000/-
from 06.10.2025 to 24.12.2025 on QIB Account opened by
Yalini Guna in the name of the informant. When the informant
attempted to withdraw his money from the QIB accounts, he
could not withdraw it and has become the victim of cyber fraud.
4. Learned counsel for the petitioner has submitted
that the petitioner is the director of W.S. Innovatex Private
Limited and that in his account, altogether Rs. 37,70,000/- was
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transferred by the informant. Moreover, a statement has been
made in Paragraph ‘3’ of the petition that petitioner has no
criminal antecedent and he is languishing in judicial custody
since 03.12.2025.
5. Learned APP for the State has vehemently opposed
the bail and has submitted that a complaint was also filed by the
petitioner that his mobile phone and checkbook were misused,
but this conspiracy was revealed when the CDR of his mobile
number was collected by the police, which is clear from
Paragraph ‘11’ of the case diary. Petitioner’s mobile was in his
personal use after the commission of cyber fraud from different
mobiles, which shows that petitioner’s mobile was not lost,
rather, it was used with his consent.
6. It is an admitted position that a sum of Rs.
37,00,000/- was transferred to the bank account of the petitioner
and as per Paragraph ‘31’ of the case diary, the petitioner's
account was used for transactions of money obtained from
alleged cyber fraud. Paragraph ‘7’ of the supplementary case
diary reveals that the petitioner's bank account and SIM card
were used by co-accused persons for alleged cyber fraud with
his consent, as he was also offered dividends. The facts that
have been brought during the investigation goes to show that it
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is not only a case of cyber fraud, rather it is a case of money
laundering.
7. Considering the above facts and circumstances of
the case, this court is not inclined to enlarge the petitioner on
bail at this stage, however, the petitioner will be at liberty to
renew his prayer for bail after six months if the trial is not
concluded.
8. Accordingly, the present bail application stands
rejected.
(Ashok Kumar Pandey, J)
Sudhanshu/-
AFR/NAFR NAFR
CAV DATE 08.04.2026
Uploading Date 21.04.2026
Transmission Date 21.04.2026
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