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Patna High Court

Mayank MohanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a Rs.10,000 bond, two sureties, and a condition that bail may be denied if he is found involved in more than four cases.

Summary

The petitioner, Mayank Mohan, was named in an FIR for alleged fraud involving the operation of an informant's bank accounts and offences under several IPC and IT Act provisions. He sought bail, contending that the FIR was lodged after a year, the bank had taken no action, and the informant suffered no loss. The prosecution opposed bail, highlighting the use of the petitioner’s mobile number for OTPs and his involvement in multiple other criminal cases. The court noted the delay in filing the FIR, the absence of any bank complaint, and the lack of financial loss to the informant, and therefore ordered the petitioner’s release on bail. Bail was granted on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) CrPC, Section 482(2) BNSS, and a stipulation that bail may be denied if the petitioner is involved in more than four cases.

Issues considered

  • Whether the petitioner is entitled to bail under Section 438(2) of the Criminal Procedure Code given the nature of the alleged offences.
  • Whether the delay in lodging the FIR and the absence of any action by the bank justify granting bail.
  • Whether the petitioner’s involvement in four other criminal cases should preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • cyber crime
  • bank fraud
  • IPC
  • IT Act
  • Section 438 CrPC
  • Section 482 BNSS
  • Common Services Centre
  • delay in FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33861 of 2025
                     Arising Out of PS. Case No.-92 Year-2024 Thana- Cyber P.S. District- Muzaffarpur
                 ======================================================
                 Mayank Mohan S/o Subodh Kumar Tiwari @ Subodh Tiwari R/o village -
                 Sonbarsa, P.S. - Kanti, Dist. - Muzaffarpur
                                                                    ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Kr. Thakur, Adv
                                          :        Mr. Alok Kr. Alok, Adv
                 For the Opposite Party/s :        Mr. Ajay Kumar Jha, APP
                 For the Informant        :        Mr. S.B.K. Mangalam, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

7   12-01-2026                   Heard the parties.

                                 2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Cyber P.S. Case

                   No. 92 of 2024 registered for the offences punishable under

                   Sections 419, 420, 120(B), 379, 462, 463, 467, 468, 406 of

                   the IPC and 66 (C) and 66(D) of the IT Act.

                                 3. As per FIR, petitioner alleged to operate current

                   account no. 486005500055 of informant with ICICI Bank,

                   fraudulently.

                                 4. Mr. Ajay Kr. Thakur, learned counsel appearing

                   on behalf of the petitioner submitted that out of acquaintance

                   being operator of CSC (Common Services Centers) petitioner
Patna High Court CR. MISC. No.33861 of 2025(7) dt.12-01-2026
                                            2/4




          helped informant to open two bank accounts with ICICI Bank,

          one was saving and other was current account. It is pointed

          out that the mobile no. 9801955250, which was admittedly of

          petitioner was given to the bank under consent of informant

          along with mobile no. 9801905525. It is further submitted

          that     mobile       of    recovery        SMS      for   e-mail   id   –

          [email protected], was not belongs to this

          petitioner as same was in the name of S.Kumar.

                       5. Arguing further, it is submitted that even bank

          authority is silent to disclose that from which source amount

          of Rs. 1.75 crores was sent to the current account of

          informant and further to whom it was transferred by

          petitioner as alleged and as such merely on the basis of

          suspicion petitioner was implicated with present case. It is

          submitted that admittedly in the opening of account aadhar

          card and pan card belongs to the informant was used and

          therefore, to save his skin from the criminal prosecution he

          lodged present FIR after a delay of about one year without

          any explanation. It is submitted that no FIR as yet was lodged

          by bank authority against this petitioner.
Patna High Court CR. MISC. No.33861 of 2025(7) dt.12-01-2026
                                            3/4




                       6. Explaining criminal antecedents, it is submitted

          that petitioner found involved in four criminal cases i.e.,

          Cyber P.S. Case No. 92 of 2024, Kanti P.S. Case No. 635 of

          2021, Kanti P.S. Case No. 990 of 2024 & Karja P.S. Case No.

          83 of 2025 only where he is on bail.

                       7. Learned APP opposed the bail. Mr. S.B.K.

          Mangalam learned counsel for the informant while opposing

          the prayer of bail submitted that it was mobile number of

          petitioner to which OTP of transaction was sent by the bank in

          terms of letter dated 05.05.2025. However, it is conceded

          that account in issue was in the name of this informant for

          opening the same aadhar card and pan card of the informant

          was used.

                       8. In view of aforesaid factual submission and by

          taking note of fact as present FIR was lodged after passing

          more than a year by the informant, where till date admittedly

          no action was initiated against petitioner by the concerned

          bank and moreover informant did not suffered any financial

          loss from the aforesaid transaction, accordingly petitioner

          above-named, in the event of his arrest or surrender before
               Patna High Court CR. MISC. No.33861 of 2025(7) dt.12-01-2026
                                                           4/4




                         the court below within a period of four weeks, is directed to be

                         released on bail,           furnishing bail bond of Rs. 10,000/-

                         (Rupees Ten Thousand) with two sureties of the like amount

                         each to the satisfaction of the learned SDJM (West),

                         Muzaffarpur/concerned Court, where the case is pending in

                         connection with Cyber P.S. Case No. 92 of 2024, subject to

                         the conditions as laid down under Section 438(2) of the

                         Cr.P.C/ Section 482(2) of BNSS with a condition:-

                                                         (a). Learned Trial Court is directed as not
                                                         to accept the bail bond of petitioner if he
                                                         found involved in more than four cases, in
                                                         view of submission as discussed aforesaid.


                                                                 (Chandra Shekhar Jha, J.)
S.Tripathi/-
U       T


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