Patna High Court
Abhinav MaisiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Abhinav Maisi, was arrested in connection with a case alleging creation of a fake account and Facebook ID used to cheat victims, charged under several sections of the B.N.S. and the Information Technology Act. He contended that he was innocent, that the SIM card in his name was handed over to a co‑accused Altaf who misused it, and that the Facebook ID mentioned in the FIR did not belong to him. The State opposed his bail application. The court, after hearing both sides, found that the allegations did not directly implicate the petitioner in cheating and noted his lack of prior criminal record. Consequently, the court granted regular bail on a bond of Rs.10,000 with two sureties. The petitioner was ordered to be released on bail pending trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under B.N.S. and the IT Act
- Whether mere possession of a SIM card and alleged association with a fake account constitute sufficient grounds to deny bail
Legislation cited
- B.N.S. — s. 317(5), 318(2), 318(4), 319(2), 356(2), 356(4)
- Information Technology Act — s. 66, 66D, 67
Subjects
- regular bail
- cyber crime
- fake account
- Information Technology Act
- B.N.S.
- sections 66
- sections 66D
- sections 67
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31729 of 2026
Arising Out of PS. Case No.-83 Year-2025 Thana- Cyber P.S. District- East Champaran
======================================================
Abhinav Maisi Son of Sandeep Maisi @ Sandeep Resident of Family Line,
Kacchi Scheme, P.S.- Kotwali, District- Alwar (Rajsthan)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anshul Aaryan, Advocate
Mr. Aditya Raj Singh, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-05-2026 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 318(2),
318(4), 319(2), 356(2), 356(4) of the B.N.S. and Sections 66,
66D and 67 of the I.T. Act. Later on Section 317(5) of B.N.S.
was added.
3. The case of the prosecution, in short, is that a fake
account in the name of S.P., East Champaran, Motihari was
created and a fake facebook I.D. was also created and with the
aid of fake account and facebook I.D., innocent persons were
being cheated. A mobile number and facebook I.D. are also
Patna High Court CR. MISC. No.31729 of 2026(2) dt.12-05-2026
2/3
there in the F.I.R.
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. Learned counsel for the petitioner has submitted that
mobile no. xxxxxxxxxx though is in his name but he has given
the said sim to one Altaf from whose possession, the sim was
recovered. It has further been submitted that only fault on the
part of this petitioner is that he has given his sim to co-accused
who has misused it. It has further been submitted that there is no
any direct allegation against the petitioner of cheating anybody.
It has further been submitted that the facebook I.D. which is
there in the F.I.R. does not belong to the petitioner. He is having
no criminal antecedent and he is languishing in judicial custody
since 07.07.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
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
Patna High Court CR. MISC. No.31729 of 2026(2) dt.12-05-2026
3/3
of the like amount each to the satisfaction of the learned
A.C.J.M.-IV, East Champaran, Motihari in connection with
Motihari P.S. Case No. 83 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.