Patna High Court
Ashok MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
Ashok Mandal was arrested in connection with a cyber‑crime case involving alleged online purchase of gold worth Rs.13.20 lakh, alleged misuse of a rented car and a confessional statement. He was charged under Sections 319(2), 318(4), 338 of the Bihar Narcotic Substances Act, 2023 and Sections 66(c) and 66(d) of the Information Technology Act. The petitioner contended that he had no role in the transaction, that the car was merely rented, and that only the confessional statement and CCTV identification linked him to the crime. The State opposed bail, citing two prior criminal cases. After hearing both sides, the Patna High Court held that the circumstances did not warrant continued detention and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences and the existence of a confessional statement and CCTV identification.
- Whether the petitioner’s alleged criminal antecedents justify denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 318(4), 319(2), 338
- Information Technology Act — s. 66(c), 66(d)
Subjects
- bail
- cyber crime
- online fraud
- IT Act
- Bihar Narcotic Substances Act
- confessional statement
- identification
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27332 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- Cyber P.S. District- Bhagalpur
======================================================
Ashok Mandal S/o Dukho Madal @ Dukhu Mandal R/o Nadiachak, P.S. -
Karmatanr, Dist. - Jamtara, Jharkhand.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Digvijay Narayan Singh, Advocate.
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 18-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Bhagalpur Cyber P.S. Case No. 01 of 2026 registered for
the offence punishable under Sections 319(2), 318(4), 338 of the
B.N.S., 2023 and Sections 66(c) and 66(d) of the I.T. Act.
3. The case of the prosecution, in short, is that the
informant is an owner of showroom of Senco Gold and
Diamonds. One person inquired of the informant's employee
regarding the price of gold and asked about the payment process
and also inquired about the account details of the firm. The
person introduced himself as Toofan Niyal and purchased gold
items worth Rs. 13,20,000/- through online payment and took
the goods. Payments were made from the account belonging to
Patna High Court CR. MISC. No.27332 of 2026(3) dt.18-06-2026
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someone.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that the name of the petitioner has
surfaced in this case, on the basis of the Breeza car on which the
named accused person has come to the shop of the informant.
He also submits that the petitioner has rented the car and he is
unaware of the said occurrence. He also submits that no
transaction has been made by the petitioner through any mode in
connection with the alleged offence. He further submits that the
petitioner has given his confessional statement. Save and except
the confessional statement and the identification of the car in
CCTV footage, there is nothing against him. He further submits
that the petitioner has been implicated in three other cases after
the present case. Moreover, the petitioner is languishing in
judicial custody since 04.01.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
Patna High Court CR. MISC. No.27332 of 2026(3) dt.18-06-2026
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inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
J.M.F.C., Bhagalpur in connection with Bhagalpur Cyber P.S.
Case No. 01 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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