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Patna High Court

Azhar AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.5832 of 2026(3) dt.24-02-2026
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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
           Patna High Court CR. MISC. No.5832 of 2026(3) dt.24-02-2026
                                                       4/4




                     outcome of the trial.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


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