Patna High Court
Md. JiyaullaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail in the present case.
Summary
The petitioner, Md. Jiyaulla, sought bail in a criminal case (PS Case No. 179 of 2026) involving multiple offences under the B.N.S., POCSO Act, J.J. Act, Illegal Labour Act, Immigrants Immigration and Foreigners Act, and Passport Act. The prosecution alleged that the petitioner prepared an Aadhaar card for a Bangladeshi national, Muskan, using a cyber‑café, and demanded cash for it. The petitioner contended he had no role in preparing the card, that a co‑accused had confessed the preparation was done by another person, and that no equipment was found in his possession. The court, after hearing both sides, found the allegations insufficient to deny bail and noted the petitioner’s lack of prior criminal record. Consequently, the court ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the multiple serious charges listed.
- Whether the confessional statement of a co‑accused and lack of incriminating evidence against the petitioner justify granting bail.
Legislation cited
- B.N.S., 2026 — s. 111, 143, 145, 236, 296, 338, 340, 61, 79, 98
- Illegal Labour Act — s. 16
- Immigrants Immigration and Foreigners Act — s. 14A, 23, 24
- J.J. Act — s. 79
- Passport Act — s. 13, 14
- POCSO Act — s. 10, 12, 8
Subjects
- bail
- criminal procedure
- Aadhaar fraud
- POCSO
- illegal labour
- immigration
- passport
- confessional statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42190 of 2026
Arising Out of PS. Case No.-179 Year-2026 Thana- AMNAUR District- Saran
======================================================
Md. Jiyaulla S/O Md. Jakir @ Md. Jakir Ansari R/O Vill- Ward no. 5 Garha,
P.S-Ladaniya, Distt- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sangram Kumar Singh @ Sangram Singh S/O Dilip Singh R/O Village-
Ramdirha, P.S- Amjhor, Distt.- Rohtas.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Kumari Pallavi, Advocate.
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Learned counsel for the petitioner is permitted to do
some minor correction in the prayer portion which she will
incorporate during the course of the day.
3. The petitioner has prayed for bail in connection
with Amanaur P.S. Case No. 179 of 2026 registered for the
offence punishable under Sections 79, 111, 143(1), 145, 98, 296,
338, 236(3), 340(2) and 61(2) of the B.N.S., 2026, Sections 8,10
and 12 of the POCSO Act, Section 79 of J.J. Act, Section 16 of
the Illegal Labour Act, Sections 14A, 23 and 24 of the Imigrants
Immigration and Foreigners Act and Section 13 and 14 of the
Patna High Court CR. MISC. No.42190 of 2026(2) dt.30-06-2026
2/3
Passport Act.
4. The case of the prosecution, in short, is that one
Muskan was apprehended from an orchestra. It was found that
she was a Bangladeshi National but was having Aadhar card of
India and was residing in India on the basis of the said Aadhar
card.
5. 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. During the course of the investigation, Jamun Kumar
Yadav has given his confessional statement wherein he has
stated that the Aadhar Card of Muskan Kumari was prepared at
the cyber cafe of this petitioner. He further submits that the
petitioner does not have the apparatus for preparing Aadhar
Card and has specifically stated in his bail petition that the
Aadhar was prepared by one Jivach Kumar. He further submits
that the petitioner is not the resident of that place, rather, he is a
resident of Madhubani. He further submits that no apparatus for
preparing Aadhar Card has been recovered from the possession
of the petitioner. Aadhaar, if any, has been prepared by Jivach,
and the only allegation against the petitioner is that he has
demanded cash for preparing the Aadhaar card. Moreover, a
Patna High Court CR. MISC. No.42190 of 2026(2) dt.30-06-2026
3/3
statement has been made in para 3 of the petition that petitioner
has no criminal antecedent and he is languishing in judicial
custody since 09.05.2026.
6. The application for bail is opposed by learned APP
for the State.
7. 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
of the like amount each to the satisfaction of the learned
Exclusive Special Judge, POCSO, Saran at Chapra in
connection with Amanaur P.S. Case No. 179 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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