Patna High Court
Akash MukharjeeversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court denied bail to the petitioner, finding sufficient grounds to keep him in custody.
Summary
The petitioner, Akash Mukherjee, applied for regular bail in a cyber‑fraud case where he was alleged to have received large sums of money transferred through his bank account after being digitally arrested via WhatsApp. The FIR, registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and sections 66‑C and 66‑D of the Information Technology Act, 2000, accuses him of involvement in extortion and related offences. The petitioner contended that he was not named in the FIR, that the account was opened by co‑accused using his SIM, and that he had no knowledge of the deposits. The prosecution presented evidence that Rs. 2 crore was credited to his account and linked 22 complaints of cyber fraud to it. After hearing both sides, the court found the circumstances sufficient to deny bail and ordered the trial court to expedite the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite alleged involvement in cyber‑fraud and large monetary transactions.
- Whether the petitioner’s alleged lack of knowledge and false implication negate the seriousness of the charges.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 318(4), 319(2), 336(3), 338, 340(2), 3(5), 61(2)
- Information Technology Act, 2000 — s. 66-C, 66-D
Subjects
- bail
- cyber fraud
- money laundering
- IT Act
- Bharatiya Nyaya Sanhita
- digital arrest
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69243 of 2025
Arising Out of PS. Case No.-14 Year-2025 Thana- Cyber P.S. District- East Champaran
======================================================
Akash Mukharjee S/o- Amal Mukherjee R/O- Teja Tola Ward No- 4 OP
Katihar, Bengali Para Katihar, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vishal Prasad, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5 21-01-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Motihari Cyber P.S.
Case no. 14 of 2025 registered under sections 318(4), 319(2),
338, 336(3), 340(2), 303(2), 61(2) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and section 66-C and 66-D of the
Information Technology Act, 2000.
3. As per the prosecution case, the informant states
that one Vijay Khanna who got connected with the petitioner
through whatsapp on mobile telephone, digitally arrested him
and got him to transfer huge amount of money in several lakhs
in different accounts. Hence the FIR.
4. It is submitted by learned counsel for the petitioner
that the petitioner is not named in the FIR. He was falsely implicated
Patna High Court CR. MISC. No.69243 of 2025(5) dt.21-01-2026
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in course of investigation when it transpired that some of the
amounts extorted from the informant was deposited in the
petitioner’s bank account. It is submitted that the bank account was
opened by co-accused who had used the sim card of the petitioner
and the petitioner did not have any information about the same
having been opened and money as a result of cyber fraud being
deposited in the same. The petitioner who is in custody since
12.6.2025 has no criminal antecedent. Chargesheet has been
submitted in the case.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and having
perused the contents of the FIR, it transpires that the informant of the
case was taken into digital arrest by the accused persons and several
lakh rupees was got transferred from the informant’s account in
different accounts. One of the accounts in which Rs. 2,00,000/- was
transferred happened to be the account of the petitioner. In course of
investigation, it further transpired that 22 different complaints from
different parts of the country related to cyber fraud were connected
with the petitioner’s account. Out of those transactions, Rs. 2.5 crores
was credited in the petitioner’s account.
7. In view of the facts and circumstances of the case, the
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Court is not inclined to enlarge the petitioner on bail and the
application is rejected.
8. Learned trial Court is directed to expedite the trial.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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