Patna High Court

Irshad @ Irshad AhmadversusThe State of Bihar

Decided: 29 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Irshad Ahmad, was arrested in connection with a cyber‑crime case (Case No. 132 of 2025) alleging offences under several sections of the B.N.S. and Sections 66(C) and 66(D) of the Information Technology Act. The prosecution alleged that the petitioner was an associate of Aashuiq Jamaal, who was involved in creating a fake Instagram ID and cheating a complainant of Rs.1,75,000. The petitioner’s counsel argued that the FIR contains no specific allegation against him, that he has no prior criminal record, and that he has been in judicial custody since 18‑08‑2025. The Additional Prosecutor opposed bail, contending the seriousness of the charges. After considering the facts, the court found the allegations against the petitioner to be general and granted him regular bail on a bond of Rs.10,000 with two sureties. The order directs his release pending further trial.

Issues considered

Whether the petitioner is entitled to regular bail despite charges under the B.N.S. and IT Act.
Whether the lack of specific allegations against the petitioner justifies bail.
Whether the petitioner’s clean antecedent and period of custody influence the bail decision.

Legislation cited

B.N.S. — s. 316(2), 318(4), 319(2), 336(3), 338, 61(2)
Information Technology Act — s. 66(C), 66(D)

Subjects

regular bail
cyber crime
Information Technology Act
cheating
fake ID
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1465 of 2026
                   Arising Out of PS. Case No.-132 Year-2025 Thana- Cyber P.S. District- East Champaran
                 ======================================================
                 Irshad @ Irshad Ahmad S/o- Abdul Wahab Village- Shekhi Chakia, P.S-
                 Chakia District-East Champaran                       ... ... Petitioner/s
                                                Versus
                 The State of Bihar                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vijay Shankar Shrivastava, Advocate
                 For the Opposite Party/s :        Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   29-01-2026                   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 no. was found with one Sandeep

                   Kumar. Sandeep Kumar disclosed that Aashuiq Jamaal used to

                   send money in his HDFC A/c no. 50100735601391 of he was also

                   given a share. Aashuiq Jamaak was apprehended and he has
            Patna High Court CR. MISC. No.1465 of 2026(2) dt.29-01-2026
                                                        2/2




                      disclosed that the petitioner is his associate.

                                   4. Learned counsel for the petitioner submits that from

                      perusal of the entire FIR which spreads through four pages, there

                      is no specific allegation against this petitioner. Save and except

                      that he is associate of Aashuiq Jamaal, there is nothing against him

                      of cheating anybody or creating any fake I.D. The nature of

                      allegation against the petitioner is general and omnibus. Learned

                      counsel for the petitioner has further submitted that the petitioner

                      is having no criminal antecedent and he is in judicial custody since

                      18.08.2025.

                                   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 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 ACJM-IV, East

                      Champaran at Motihari.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T

Continue reading with your account

Checking your session…