Patna High Court
Azhar AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to specified bond, surety, appearance, and monetary deposit conditions.
Summary
Azhar Ansari was arrested in connection with a cyber‑fraud case where an informant alleged that he obtained an OTP via a WhatsApp call and withdrew Rs 49,995 from her SBI account. The petitioner, in custody since 14‑Nov‑2025 and having one prior criminal antecedent, claimed no incriminating evidence linked him to the call or transaction and offered to deposit Rs 49,000 to the informant if released. The State opposed bail, citing the seriousness of the offences under the Bharatiya Nyaya Sanhita and the IT Act. The Court, considering the period already spent in custody, the petitioner’s undertaking to pay, and the lack of concrete evidence, granted bail subject to a bond of Rs 15,000 with two sureties, a family bailor, mandatory court appearances, and a condition to deposit Rs 49,000 within two weeks. The amount is to be returned pending the final trial outcome.
Issues considered
- Whether bail should be granted in a cyber‑fraud case involving sections 303(2), 318(4), 319(2) of the Bharatiya Nyaya Sanhita and sections 66, 66(c), 66(d) of the IT Act.
- Whether the petitioner’s prior criminal antecedent precludes bail.
- Whether the condition of depositing money to the informant is a valid bail condition.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 318(4), 319(2)
- Information Technology Act — s. 66, 66(c), 66(d)
Subjects
- bail
- cyber fraud
- IT Act
- Bharatiya Nyaya Sanhita
- OTP fraud
- criminal procedure
- surety
- deposit condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5832 of 2026
Arising Out of PS. Case No.-369 Year-2025 Thana- Cyber P.S. District- Saran
======================================================
Azhar Ansari S/o Alimudin Ansari Resident of - House No. 6, Lakrakhondha,
P.S - Sarath, District - Deoghar, State - Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pranav Kumar Jha, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned APP
for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Saran
Cyber P.S. Case No. 369 of 2025 instituted for the offence under
Sections 303(2), 318(4) & 319(2) of the Bharatiya Nyaya
Sanhita, 2023 and Sections 66, 66(c) & 66(d) of the Information
and Technology Act.
3. The prosecution case, in brief, is that the informant,
alleged that on 09.07.2025, she received a WhatsApp call from
an unknown person who stated that a KYC update was required
for her SBI account bearing No. 20421985977. The caller
Patna High Court CR. MISC. No.5832 of 2026(3) dt.24-02-2026
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obtained an OTP from her on the pretext of completing the KYC
process, after which a sum of Rs. 49,995/- was fraudulently
withdrawn from the said account.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 14.11.2025. Petitioner
bears one criminal antecedent, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. The learned counsel for the petitioner submits that no
cogent or incriminating evidence has been found against the
petitioner, as neither any WhatsApp call nor any monetary
transaction connected with the alleged offence has been traced
to him, and his remand was based solely on suspicion. Learned
counsel for the petitioner submits that, without admitting any
guilt, the petitioner is willing to undertake to deposit a sum of
Rs. 49,000/- (Rupees Forty-Nine Thousand only) by way of
Demand Draft within a period of two weeks, if petitioner be
enlarged on bail.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
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of the case, the period of custody already undergone by the
petitioner, and the undertaking given by the petitioner for
payment of the aforesaid amount, this Court is inclined to grant
bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Saran Cyber P.S.
Case No. 369 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) The petitioner shall deposit a sum of Rs. 49,000/-
(Rupees Forty-Nine Thousand only) by way of Demand Draft to
the informant within a period of two weeks from the date of his
release. In the event of default in compliance, the prosecution
shall be at liberty to move for cancellation of bail.
It goes without saying that the aforesaid amount to be
returned by the petitioner shall remain subject to the final
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outcome of the trial.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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