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Patna High Court

Ashok MandalversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                       3/3




                     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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