Patna High Court

Khurshed AlamversusThe State of Bihar

Decided: 30 June 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The petitioner is entitled to bail.

Summary

Khurshed Alam applied for bail in a criminal case (Majhauliya PS Case No.247 of 2026) involving offences under Sections 319(2), 318(4), 303(2), 317(4), 317(5), 111(2) of the Bihar Negotiable Instruments Act and Sections 66, 66(C), 66(D) of the Information Technology Act. The prosecution alleged that the petitioner operated mule accounts for cyber fraud, recovered two mobiles and three ATM cards, and possessed secret information linking him to the fraud. The petitioner contended that the recovered items belonged to him, no complaint was lodged against him, the FIR did not disclose any cheating or mule‑account details, and he had no prior criminal record, having been in judicial custody since 5 March 2026. The State opposed bail. After hearing both sides, the Court found the lack of a specific complaint and the petitioner’s clean antecedents sufficient to grant bail, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner despite the serious cyber‑fraud related charges.
Whether the FIR and the evidence disclosed by the prosecution establish a sufficient ground to deny bail.
Whether the petitioner poses a flight risk or a risk of tampering with evidence.

Legislation cited

Bihar Negotiable Instruments Act — s. 111(2), 303(2), 317(4), 317(5), 318(4), 319(2)
Information Technology Act, 2000 — s. 66, 66(C), 66(D)

Subjects

bail
cyber fraud
information technology act
criminal procedure
mule accounts
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42372 of 2026
                 Arising Out of PS. Case No.-247 Year-2026 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 Khurshed Alam Son of Amruddin Miyan @ Amrudin Miyan @ Amarudin
                 Miya Resident of Village- Jaukatiya, Ward No. 13, Chaubey Tola, P.S.-
                 Majhauliya, District- West Champaran                    ... ... Petitioner/s
                                                   Versus
                 The State of Bihar                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :      Mr. Kumar Ranjit Ranjan, 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. The petitioner has prayed for bail in connection

                   with Majhauliya P.S. Case No.247 of 2026 registered for the

                   offence punishable under Sections 319(2), 318(4), 303(2),

                   317(4), 317(5) & 111(2) of the BNS and under Sections 66,

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

                                3. The case of the prosecution, in short, is that police

                   had secret information that the petitioner was operating certain

                   mule accounts for cyber fraud and on this information a raid

                   was conducted and from possession of this petitioner two

                   mobiles and three ATM cards were recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that the mobile and ATM cards which

                   were recovered from the possession of this petitioner belongs to

                   him. It has further been submitted that from perusal of the FIR it

                   also appears that in whatsapp account there were certain chats
            Patna High Court CR. MISC. No.42372 of 2026(2) dt.30-06-2026
                                                        2/2




                      and voice recording regarding transfer of some cash. Learned

                      counsel for the petitioner has submitted that from entire FIR it is

                      clear that nobody has complained against the petitioner and it is

                      not the case of the prosecution that the petitioner has cheated

                      anybody through cyber fraud, even the mule accounts which are

                      alleged to be operated by this petitioner are not disclosed in the

                      FIR. It has lastly been submitted that the petitioner is having no

                      criminal antecedent and he is in judicial custody since

                      05.03.2026.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   6. 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 court of learned

                      Chief Judicial Magistrate, Bettiah, West Champaran in

                      connection with Majhauliya P.S. Case No.247 of 2026.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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