Patna High Court
Md. Mohsin Alam @ Md. Mohsin @ SonuversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is dismissed.
Summary
The petitioner, Md. Mohsin Alam, sought regular bail in a case arising from a police raid on a CSP centre where he was alleged to have been involved in illegal Aadhaar-related activities. The police recovered a laptop, biometric devices, and Aadhaar enrollment documents, and the petitioner attempted to conceal a laptop and flee. He is charged under Sections 318(4), 319(2), 338, 340(2) of the Bharatiya Nyaya Sanhita, 2023, Sections 36, 38, 42 of the Aadhaar Act, and Sections 66(c) and 66(d) of the IT Act, and has been in custody since 5 April 2026 with three prior criminal antecedents. The court examined the seriousness of the offences, the prima facie material against him, and his criminal history. Concluding that the nature and gravity of the offences warranted denial of bail, the court dismissed the regular bail application, noting that its observations are limited to the bail matter and will not affect the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences and his criminal antecedents
- Whether the prima facie evidence recovered during the raid justifies denial of bail
Legislation cited
- Aadhaar Act — s. 36, 38, 42
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 319(2), 338, 340(2)
- Information Technology Act — s. 66(c), 66(d)
Subjects
- regular bail
- cyber crime
- Aadhaar fraud
- IT Act
- high court
- criminal antecedents
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39592 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- Cyber P.S. District- Araria
======================================================
Md. Mohsin Alam @ Md. Mohsin @ Sonu S/O Late Md. Nasim @ Late
Nasim Resident of village- Palasi ward no 4, Police Station- Narpatganj,
district- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Mukesh Kumar Rana
For the Opposite Party/s : Mr.Abhay Kumar Roy
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 25-06-2026 Heard Mr. N.K. Agrawal, the learned Senior Counsel
for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with
Araria Cyber P.S. Case No. 13 of 2026 registered for the offence
under Sections 318(4), 319(2), 338 and 340(2) of the Bharatiya
Nyaya Sanhita, 2023, Section 36, 38, 42 of Aadhaar Act and
Section 66(c) and 66(d) of the IT Act.
3. As per the prosecution case, the police raided Sonu
Photostat, a CSP centre at Jyoti Complex, Forbesganj, on
information regarding illegal Aadhaar-related activities. During
the raid, the petitioner namely Md. Mohsin Alam @ Sonu
attempted to conceal a laptop and flee but was apprehended. The
police recovered a laptop, fingerprint scanner, retina scanner,
Patna High Court CR. MISC. No.39592 of 2026(3) dt.25-06-2026
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mobile phone, web camera and 53 pages of Aadhaar
enrollment/updation documents. It is further alleged that the
accused persons were using fake or unauthorized IDs for
preparing and updating Aadhaar cards and co-accused Sunil
Kumar was also involved in the said activities.
4. The petitioner is in custody since 05.04.2026 and
has three criminal antecedents. The allegations against the
petitioner are serious and grave in nature. There exists prima
facie material against the petitioner indicating his involvement
in the commission of the offence.
5. Considering the nature and the gravity of the
offence, this Court is not inclined to grant regular bail to the
petitioner. Accordingly, this application for regular bail stands
dismissed.
6. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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