Patna High Court
Sajid ParwezversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Sajid Parwez, filed an anticipatory bail application fearing arrest in connection with a cyber‑crime case (Motihari Cyber P.S. Case No. 111 of 2025) involving alleged misuse of a bank account and offences under Sections 303(2), 318(4), 319(2) of the Bihar Negotiable Instruments Act and Sections 66C and 66D of the Information Technology Act. The prosecution alleged that the petitioner was one of three persons who misused the informant's bank account and highlighted a prior cyber‑crime case (Case No. 92 of 2025) against him. The High Court, after hearing, held that the presence of serious allegations and a prior criminal antecedent precluded the grant of anticipatory bail. Consequently, the application was dismissed and the petitioner was directed to surrender within two weeks and seek regular bail, failing which the police would arrest him. The Court clarified that its observations were limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether anticipatory bail can be granted to the petitioner despite allegations of cyber fraud under Sections 303(2), 318(4), 319(2) of the Bihar Negotiable Instruments Act and Sections 66C, 66D of the IT Act.
- Whether the petitioner’s prior criminal antecedent in a cyber‑crime case warrants denial of anticipatory bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 303(2), 318(4), 319(2)
- Information Technology Act, 2000 — s. 66C, 66D
Subjects
- anticipatory bail
- cyber crime
- Information Technology Act
- Bihar Negotiable Instruments Act
- prior criminal antecedent
- bail surrender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37194 of 2026
Arising Out of PS. Case No.-111 Year-2025 Thana- Cyber P.S. District- East Champaran
======================================================
Sajid Parwez S/o Parwez Alam Khan Resident of Vill. - Chorma, P.S.-
Chorma, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sitesh Kashyap
For the Opposite Party/s : Mr.Narendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Motihari Cyber P.S. Case No. 111 of 2025 registered for
the offence under Sections 303(2), 318(4), 319(2) of the BNS
and under Sections 66-C/66-D of the I.T. Act.
3. As per the prosecution case, three persons are said
to have misused the current bank account of the informant in
State Bank of India and the petitioner is said to one of them.
4. The petitioner also has one criminal antecedent of
cyber crime registered as Motihari Cyber P.S. Case No. 92 of
2025 and it appears that the petitioner is a cyber fraud.
5. In view of the above, this Court is not inclined to
grant anticipatory bail to the petitioner.
6. Accordingly, this application is dismissed.
Patna High Court CR. MISC. No.37194 of 2026(2) dt.15-06-2026
2/2
7. The petitioner is directed to surrender within two
weeks from today and pray for regular bail failing which the
Superintendent of Police, East Champaran will take all steps for
arrest of the petitioner.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
9. Let a copy of this order be communicated to the
Superintendent of Police, East Champaran through FAX for its
compliance.
(Sandeep Kumar, J)
Vikas/-
U
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