Patna High Court
Mr. Sajid PrawezversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner, subject to bond, sureties, and conditions for cancellation if he fails to cooperate or a charge‑sheet is filed.
Summary
Petitioner Sajid Prawez sought anticipatory bail after being implicated in a cyber‑fraud and money‑laundering case involving alleged conversion of defrauded funds into USDT and other cryptocurrencies. The prosecution’s case relied primarily on confessional statements of co‑accused, which mentioned the petitioner’s involvement, but no other material evidence directly linked him to the offences. The petitioner argued that he has a clean record, was falsely implicated, and is willing to cooperate with the investigation. The court examined whether the confessional statements alone justified denial of bail and considered the risk of the petitioner absconding. Finding insufficient direct evidence and noting the petitioner’s assurance to cooperate, the court granted anticipatory bail subject to a bond, sureties, and conditions for possible cancellation if he fails to cooperate or a charge‑sheet is filed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the allegations and reliance on co‑accused confessional statements.
- Whether the petitioner is likely to abscond or obstruct the investigation.
- Whether the confessional statements of other accused can alone constitute sufficient ground to deny bail.
Legislation cited
- Arms Act — s. 25(1-b), 26, 35
- B.N.S. — s. 111, 303(2), 317(4), 317(5), 318(4), 319(2), 336(3), 338, 340(2), 61(2)
- Code of Criminal Procedure, 1973 — s. 482(2)
- Information Technology Act — s. 66(C), 66(D)
Subjects
- anticipatory bail
- cyber crime
- money laundering
- cryptocurrency
- confessional statement
- false implication
- IT Act
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.511 of 2026
Arising Out of PS. Case No.-92 Year-2025 Thana- Cyber P.S. District- East Champaran
======================================================
Mr. Sajid Prawez S/o Parwez Alam Khan @ Alam Khan Resident of village -
Chorma, P.S - Chorma, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Abhishek Kumar, Advocate
For the State : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 318(4), 319(2), 338,
336(3), 340(2), 303(2), 61(2), 317(5), 317(4) and 111 of B.N.S.,
2023, Section 66(C) and 66(D) of the I.T. Act as well as Sections
25(1-b)26/35 of the Arms Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that on information derived from Pratibimb Portal (a
software of cyber police), the house of suspected mobile
no.9162687392 was raided and accused Dipanshu and Pappu were
arrested and Dipanshu confessed that the aforesaid mobile belongs
to him and also that there is allegation of fraud of Rs.50,000/-
Patna High Court CR. MISC. No.511 of 2026(2) dt.18-02-2026
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committed through the aforesaid mobile, further, apart from the
mobile, other articles, like, laptops, Cheques, Passbooks etc. were
seized and the apprehended accused further disclosed that they
received an amount of Rs.80 lacs of defrauded money, it was also
disclosed that Satyam and Ayush are mastermind of the racket,
who transferred the defrauded amount of cyber crime through
RSN games, further disclosed the name of other associates,
involved in the crime as Sanjeev, Ayush, Rohit, Abhinesh, Sumit
Saurabh and Raj Kishor Ram, the apprehended accused further
disclosed that at the instance of Ayush, they sent money to Sumit
Saurabh, with whom other associates also deposit money,
thereafter, the house of Satyam Saurabh was raided but he had
absconded but from his room, one cash-counting machine, a
loaded country made pistol along with 7 live cartridges, Laptop,
ATM cards, Passbooks etc. were seized along with cash of
Rs.7,50,000/- and a Thar vehicle, similarly the house of Satyam,
Sanjeev and Sumit was also raided and articles, as detailed in the
FIR, were seized, further Sumit confessed that he converted the
defrauded money in USDT and also disclosed that Purushottam,
Daya Shankar, Nikhil and petitioner used to transfer the defrauded
money to USDT and also converted the same in Crypto Currency
on very large scale, further from Purushottam, Rs.15,98,880/-
along with 99,500/- Nepali currency was recovered.
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4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the allegations,
as alleged in the FIR, it would manifest that name of the petitioner
came in confession of Sumit in police custody, which does not
have any evidentiary value. It is also submitted that Sumit in his
confessional statement disclosed that he converted the defrauded
money in USDT and Purushottam, Daya Shankar, Nikhil and
petitioner used to transfer the defrauded money to USDT and also
converted the same in Crypto currency on very large scale. It is
further submitted that during the course of investigation, apart
from confessional statement of Sumit, no material has transpired
connecting the petitioner with the offence on which the learned
APP submits that it appears that the petitioner is evading the law
when his interrogation is required on which the learned counsel
appearing on behalf of the petitioner submits that petitioner will
not abscond rather will cooperate in the investigation to prove his
innocence.
5. Considering the submissions made by learned
counsel for the petitioner, let petitioner, above-named, in the event
of his arrest or surrender within a period of six weeks from today,
be released on bail on furnishing bail bond of Rs.25,000/- (Rupees
Twenty Five Thousand) with two sureties of the like amount each
Patna High Court CR. MISC. No.511 of 2026(2) dt.18-02-2026
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to the satisfaction of learned Additional Chief Judicial Magistrate-
IV, East Champaran, Motihari in connection with Motihari Cyber
P.S. Case No.92 of 2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that one of the bailors of the
petitioner shall be his father, namely, Parwez Alam Khan @ Alam
Khan.
7. It is further made clear that in the event if the
Investigating Officer of the case files an application before the
learned trial court bringing to its notice that the petitioner despite
giving assurance to this Court is not cooperating in the
investigation, in that event, the learned trial court shall be at liberty
to cancel the bail bond of the petitioner.
8. It is further made clear that if charge sheet is
submitted connecting the petitioner with the offence, apart from
confession, in that event, the present anticipatory bail order shall
loose its effect.
(Satyavrat Verma, J)
Sanjay/-
U T
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