Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioners are enlarged on bail.
Summary
The petitioners, three mobile SIM retailers from Vaishali district, sought bail in an Economic Offence Unit case alleging involvement in cyber fraud through SIM cards sold to a suspect. The prosecution argued that the SIMs sold by the petitioners were used to commit offences under the Bihar Negotiable Instruments Act, the Telecommunication Act and the Information Technology Act. The petitioners contended they were bona‑fide retailers with no knowledge of the fraud and had no prior criminal record. The court examined the allegations, the lack of direct evidence linking the petitioners to the fraudulent calls, and the precedent of bail granted to a co‑accused in a similar case. Considering the circumstances, the court ordered that the petitioners be enlarged on bail upon furnishing a bail bond of Rs.10,000 with two sureties each.
Issues considered
- Whether the petitioners are liable for offences under Sections 318(4), 319(2), 336(3), 338, 340(2), 111, 61(2), 3(5) of the B.N.S., 2023, Sections 42(1), 42(2), 42(3), 42(6) of the Telecommunication Act, 2023 and Sections 66, 66(c), 66(D), 72 of the I.T. Act.
- Whether the petitioners, as SIM retailers, can be held responsible for the misuse of the SIMs by third parties.
- Whether bail should be granted to the petitioners pending trial.
Legislation cited
- Bihar Negotiable Instruments Act — s. 111, 318(4), 319(2), 336(3), 338, 340(2), 3(5), 61(2)
- Information Technology Act — s. 66, 66(c), 66(D), 72
- Telecommunication Act, 2023 — s. 42(1), 42(2), 42(3), 42(6)
Subjects
- bail
- economic offences
- SIM card fraud
- cyber fraud
- telecommunication law
- IT Act
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 1825 of 2026
Arising Out of PS. Case No.-16 Year-2025 Thana- ECONOMIC OFFENCES, BIHAR
District- Patna
======================================================
Md. Naushad Alam S/O Md. Qurban R/O Rampur Chandrabhan @ Dagru,
P.S.- Mahuwa, Dist.- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Deputy Superintendent of Police cum Station House Officer, Economic
Offence Unit, Patna Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 1791 of 2026
Arising Out of PS. Case No.-16 Year-2025 Thana- ECONOMIC OFFENCES, BIHAR
District- Patna
======================================================
Mukesh Kumar Son of Late Dashrath singh Resident Of Village- Nilkanthpur,
ps- Mahuwa, Dist- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Deputy Superintendent of Police Cum Station House officer, Economic
Offence Unit, Patna, Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 2603 of 2026
Arising Out of PS. Case No.-16 Year-2025 Thana- ECONOMIC OFFENCES, BIHAR
District- Patna
======================================================
Md. Sakil Son of Late Rahmat Ali R/o Rampur Chandrabhan urf Dagru, P.S. -
Mahuawa, Distt. - Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Deputy Superintendent of Police cum Station House Officer, Economice
Offence Unit, Patna. Bihar
... ... Opposite Party/s
======================================================
Patna High Court CR. MISC. No. 1825 of 2026(9) dt.02-04-2026
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Appearance :
(In CRIMINAL MISCELLANEOUS No. 1825 of 2026)
For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate
Mr. Kumar Rajdeep, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
(In CRIMINAL MISCELLANEOUS No. 1791 of 2026)
For the Petitioner/s : Mr. Kumar Rajdeep, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
(In CRIMINAL MISCELLANEOUS No. 2603 of 2026)
For the Petitioner/s : Mr. Kumar Rajdeep, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
CAV ORDER
9 02-04-2026 Heard learned counsel for the petitioners and the
learned APP for the State.
2. The petitioners have prayed for bail in connection
with Economic Offence Unit Case No. 16 of 2025 registered for
the offence punishable under Sections 318(4), 319(2), 336(3),
338, 340(2), 111, 61(2), 3(5) of the B.N.S., 2023 Sections 42(1),
42(2), 42(3), 42(6) of the Tele Communication Act, 2023 and
Sections 66, 66(c), 66(D), 72 of the I.T. Act.
3. The case of the prosecution, in short, is that police
raided the house of Harshit Kumar situated in Ward No. 06,
Village Gauspur, P.S. Karjain, District Supaul and certain
recoveries were made from a SIM box and other instruments
alleged to be used in making calls to various persons. The
petitioner, Md. Naushad Alam, is a resident of Mahuwa in the
district of Vaishali and runs a shop in the village of Rampur
Chandrabhan urf Dagru, P.S. Mahuwa, District Vaishali and has
Patna High Court CR. MISC. No. 1825 of 2026(9) dt.02-04-2026
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been selling mobile phone SIM cards for eight to ten years. It is
alleged that the petitioner, namely Md. Naushad Alam, has sold
35 SIMs of the Airtel company to Harshit. It has further been
submitted that the petitioners, namely Md. Naushad Alam and
Mukesh Kumar, deal in SIM cards of all the companies, i.e., Jio,
Airtel, etc., whereas the petitioner, namely Md. Sakil, does not
deal in SIM card sales. Md. Naushad Alam is a retailer. At best,
the mistake of the petitioners can be said to be selling a SIM
card that has been misused by others from which, the petitioners
have got no connection.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. He also submits that the petitioner, namely, Md. Naushad
Alam is a bona fide retailer of the SIM. He is neither involved in
any way with the cyber fraud nor has any proceeds of crime
been received in his account. Learned counsel for the petitioners
also submits that petitioners have been impleaded in this case
only because petitioners are shopkeepers and the petitioner,
namely, Md. Sakil's shop is adjacent to the shop of petitioner
Md. Nausad Alam. He further submits that the petitioners have
got no connection or involvement with the SIM business. The
Patna High Court CR. MISC. No. 1825 of 2026(9) dt.02-04-2026
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petitioner, namely, Md. Sakil, is unaware of the reasons for his
arrest. None of the suspicious SIM cards were generated
through the petitioner, namely, Md. Sakil, nor has he issued any
SIM, nor has any amount of cyber fraud been received by him.
He also submits that the petitioner, namely, Mukesh Kumar, is
also a resident of the Mahuwa district, Vaishali, and sells mobile
SIMs. He has sold 12 SIM cards to Harshit Kumar which are
alleged to be used in cyber fraud. He further submits that
similarly situated co-accused, namely, Mukesh Mahto, has been
granted bail by the learned coordinate bench of this court vide
Cr. Misc. No. 3820 of 2026. The case of this petitioner stands on
similar footing. He further submits that a statement has been
made in para 3 of the petition that petitioners have no criminal
antecedent. Petitioners namely, Md. Naushad Alam and Md.
Sakil are languishing in judicial custody since 22.07.2025
whereas petitioner namely, Mukesh Kumar is languishing in
judicial custody since 21.07.2025.
5. As against this, the learned counsel for the EOU has
vehemently opposed the application for bail and has stated that
the SIMs sold by the petitioners were used for committing cyber
fraud.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No. 1825 of 2026(9) dt.02-04-2026
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considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Special Judge, Economic Offence-cum-Additional Chief
Judicial Magistrate in connection with Economic Offence P.S.
Case No. 16 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
AFR/NAFR NAFR
CAV DATE 19.03.2026
Uploading Date 02.04.2026
Transmission Date 02.04.2026
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