Patna High Court
Ayub AnsariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Ayub Ansari, applied for anticipatory bail fearing arrest in a cyber‑fraud case (Motihari Cyber P.S. Case No.57 of 2025) involving offences under several sections of the Bihar Negotiable Instruments Act and the Information Technology Act. The prosecution alleged that a police raid on a co‑accused’s house led to the identification of the petitioner among six apprehended persons. The petitioner contended he was innocent, had no criminal record, and no material was recovered from his possession. The State opposed the bail, arguing the seriousness of the alleged offences. After hearing both sides, the High Court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2).
Issues considered
- Whether anticipatory bail should be granted to the petitioner in the cyber‑fraud case
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses
Legislation cited
- Bihar Negotiable Instruments Act — s. 303(2), 317(5), 318(4), 319(2), 336(2), 338, 340(2)
- Code of Criminal Procedure, 1973 — s. 482(2)
- Information Technology Act — s. 66C, 66D
Subjects
- anticipatory bail
- cyber fraud
- Information Technology Act
- Bihar Negotiable Instruments Act
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19603 of 2026
Arising Out of PS. Case No.-57 Year-2025 Thana- Cyber P.S. District- East Champaran
======================================================
Ayub Ansari Son of Khurshid Alam Resident of Village - Siswa Bazar, Ward
No. 08, P.S. - Paharpur, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhurendra Kumar, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2.The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection
with Motihari Cyber .P.S. Case No. 57 of 2025 instituted for the
offence under Sections 338, 336(2), 340(2), 303(2), 318(4),
319(2) and 317(5) of B.N.S. and Sections 66(C) and 66(D) of
I.T. Act.
3. The case of the prosecution, in short, is that police
has input that cyber fraud is being committed and on this input,
police reached the house of one Abhimanyu Kumar, raided his
house and from his house, six persons were apprehended and
apprehended persons have named the petitioner.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.19603 of 2026(2) dt.24-04-2026
2/2
petitioner has submitted that petitioner is innocent and has
committed no offence. He has falsely been implicated in this
case. Nothing has been recovered from his possession. His name
has surfaced in the statement of the co-accused persons. The
recovery, if any, has been made from the hosue of co-accused
Abhimanyu Kumar. Petitioner has got no criminal antecedent.
5.Learned APP appearing for the State has
vehemently opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Motihari Cyber .P.S. Case No. 57 of 2025, he
will be enlarged on bail on furnishing bail bond of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each
to the satisfaction of learned Additional Chief Judicial
Magistrate-IV, East Champaran, Motihari, subject to the
conditions as laid down under section 482 (2) of the B.N.S.S.
(Ashok Kumar Pandey, J)
lata/-
U T
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