Patna High Court

Md. SalmanversusThe State of Bihar

Decided: 18 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Md. Salman, originally an informant in a cyber‑fraud case, was later implicated as an accused under IPC sections 319, 318(4) and 111 and IT Act section 66(D) based largely on the confessional statements of co‑accused Abhimanyu Kumar and Rahul Kumar. The petitioner claimed innocence, asserted no prior criminal record, and had been in judicial custody since 19 November 2025. The State opposed regular bail, arguing the seriousness of the offences. After hearing both sides, the Patna High Court found that the circumstances warranted bail and ordered the petitioner’s release on a bail bond of Rs 10,000 with two sureties. The bail order was directed to be executed by the Khagaria Judicial Magistrate.

Issues considered

Whether the petitioner is entitled to regular bail despite the nature of the offences under IPC and the IT Act.
Whether the confessional statements of co‑accused are sufficient to deny bail to the petitioner.

Legislation cited

Indian Penal Code — s. 111, 318(4), 319
Information Technology Act — s. 66D

Subjects

regular bail
cyber fraud
Information Technology Act
Indian Penal Code
confessional statements
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13006 of 2026
                       Arising Out of PS. Case No.-22 Year-2024 Thana- Cyber P.S. District- Khagaria
                 ======================================================
                 Md. Salman S/o Md. Israfil R/o Village - Panchadih, P.S.- Sonbarsha, District
                 - Saharsa

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Amit Prakash, Advocate
                 For the Opposite Party/s :         Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-04-2026                   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, 318(4)

                   and 111 of BNS and Section 66(D) of I.T. Act.

                                3. The case of the prosecution is that the petitioner

                   who was earlier informant of this case, has stated that one

                   Abhimanyu Kumar who is known to him, demanded his atm

                   card and his mobile number as his account was closed.

                   Abhimanyu was accompanied with one Rahul. Rahul Kumar

                   returned the mobile number on 17.07.2024 disclosing that the

                   Bank Manager is calling regularly. On 20.07.2024, a call was

                   received from IDBI Bank Manager that huge amount has been

                   withdrawn from the account of this petitioner to the tune of Rs.
Patna High Court CR. MISC. No.13006 of 2026(2) dt.18-04-2026
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          one crore, thirty six lakhs and odd between 21.05.2024 to

          20.07.2024.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that during course of

          investigation, Abhimanyu                and   Rahul   have   given   their

          confessional statement and they have stated that the petitioner is

          also involved in the cyber fraud. Learned counsel has submitted

          that initially, he was informant and he has complained regarding

          fraud committed with him but only on the basis of confessional

          statement of accused persons, he has been made accused in this

          case. 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 19.11.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       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 released on bail in connection with

          Cyber P.S. Case No. 22 of 2024 on furnishing bail bond of

          Rs.10,000/- (ten thousand) with two sureties of the like amount
            Patna High Court CR. MISC. No.13006 of 2026(2) dt.18-04-2026
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                      each to the satisfaction of learned J.M. 1st Class, Khagaria.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T

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