Patna High Court
Md. Ahsan @ Md. EhshanversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The bail petition was refused.
Summary
The petitioner, Md. Ahsan, was arrested on 6 February 2026 for allegedly supplying a SIM card to co‑accused Mandeep Kumar, which was used in a cyber‑crime. He faces charges under multiple sections of the BNS 2023, the Telecommunication Act 2023 and the Information Technology Act 2000. The petitioner contended that he has a clean record and was implicated only on the basis of the co‑accused’s confessional statement, with no other evidence linking him to the offence. The State argued that the petitioner supplied the SIM without proper documentation and that the co‑accused’s bail had already been denied. After considering the submissions, the Court was not persuaded to grant bail and refused the petitioner's prayer.
Issues considered
- Whether the petitioner is entitled to bail pending trial for the alleged offences under the BNS 2023, Telecommunication Act 2023 and Information Technology Act 2000.
Legislation cited
- BNS, 2023 — s. 111, 318(4), 319(2), 336(3), 337, 338, 339, 340(2), 341(1), 3(5), 61(2)
- Information Technology Act, 2000 — s. 66, 66(c), 66(D), 72
- Telecommunication Act, 2023 — s. 42(1), 42(2), 42(3)(c), 42(3)(e), 42(3)(f), 42(6), 43
Subjects
- bail
- cyber crime
- SIM supply
- Information Technology Act
- Telecommunication Act
- criminal procedure
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33770 of 2026
Arising Out of PS. Case No.-8 Year-2026 Thana- Cyber P.S. District- Madhubani
======================================================
Md. Ahsan @ Md. Ehshan S/O Md. Abbas Resident of Village - Laheiraganj,
P.S. Madhubani, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Mr.Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 08-07-2026 Heard Mr.Shailendra Kumar Jha, learned counsel for
the petitioner and Mr.Anil Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
06.02.2026 in connection with Madhubani Cyber P.S. Case No.
08 of 2026, F.I.R. dated 05.02.2026 registered for the offence
punishable under Sections 318(4), 319(2), 336(3), 337, 338,
339, 340(2), 341(1), 111,61(2) and 3(5) of BNS, 2023 and
Sections 42(1),42(2),42(3)(c),42(3),(e),42(3)(f),42(6) and 43 of
the Telecommunication Act, 2023 and Sections 66,66(c),66(D)
& 72 of the Information Technology Act, 2000 (I.T.Act).
3. Allegation against the petitioner is of committing
cyber crime by supplying the SIM to co-accused Mandeep
Kumar @ Mandeep Singh @ Rishu .
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.33770 of 2026(3) dt.08-07-2026
2/3
submits that the petitioner has clean antecedent. He has falsely
been implicated in the present case merely on the basis of
suspicion and petitioner is so called owner of the mobile shop
and he has no role at all in the present occurrence. The name of
the petitioner has been transpired during investigation on the
basis of the confessional statement of co-accused person,
namely, Mandeep Kumar @ Mandeep Singh @ Rishu and
except the aforesaid, nothing has come during investigation
against the petitioner to suggest the involvement of the
petitioner in the present occurrence.
5. Learned APP for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner and
submits that it has come during investigation that the petitioner
has supplied the SIM to co-accused person, namely, Mandeep
Kumar @ Mandeep Singh @ Rishu without paper and co-
accused person, namely, Mandeep Kumar @ Mandeep Singh @
Rishu has used the said SIM in the cyber crime and bail petition
of co-accused person, namely, Mandeep Kumar @ Mandeep
Singh @ Rishu has been rejected by this Court vide order dated
16.06.2026 passed in Cr. Misc. No.37280 of 2026.
6. Considering the aforesaid facts, I am not inclined
to enlarge the petitioner on bail in connection with Madhubani
Patna High Court CR. MISC. No.33770 of 2026(3) dt.08-07-2026
3/3
Cyber P.S. Case No. 08 of 2026 pending in the court of learned
C.J.M., Madhubani.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Nitesh/-
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