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Patna High Court

Mohammad Aman @ Md. AmanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to regular bail subject to the stipulated bond, sureties, and payment conditions.

Summary

The petitioner, Md Aman, was arrested in connection with a cyber case alleging that he took Rs. 35,83,000 from an informant for an investment scheme and returned only Rs. 11,92,600. He is charged under Sections 316(2) and 318(4) of the Bihar Negotiable Instruments Act and Section 66 of the Information Technology Act. The petitioner claimed innocence and promised to return the remaining amount within six months. The court considered the facts, the petitioner’s custody since 01‑08‑2025, and the nature of the offences, and decided to grant regular bail. Bail was conditioned on a Rs.10,000 bond with two sureties, a payment of Rs.1,00,000 at filing, and the return of the remaining amount to the informant within six months.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the Bihar Negotiable Instruments Act and the IT Act.

Legislation cited

Subjects

  • regular bail
  • cyber crime
  • cheating
  • IT Act
  • Bihar Negotiable Instruments Act
  • sureties
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70170 of 2025
                       Arising Out of PS. Case No.-7 Year-2025 Thana- Cyber P.S. District- Bhagalpur
                 ======================================================
                 Mohammad Aman @ Md. Aman S/o Mohammad Jakir R/o Mohalla -
                 Murgiyachak, P.S - Kotwali, District - Munger

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Manoj Kumar Jha
                 For the State             :        Mr. Anant Kumar 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   13-01-2026                          Heard learned counsel for the petitioner as well as

                   learned APP for the State.

                                    2. In this case, the petitioner is seeking regular bail

                   in connection with Cyber P.S. Case No. 07 of 2025, registered

                   for the offences punishable under Sections 316(2), 318(4) of the

                   BNS and Section 66 of the I.T. Act.

                                    3. As per allegation, the petitioner took Rs.

                   35,83,000/- from the informant for investing the amount in

                   some scheme but the money was not returned. On persistent

                   request, only Rs. 11,92,600/- was returned to the informant by

                   the petitioner.

                                   4. The learned counsel for the petitioner has

                   submitted that the petitioner is innocent and has falsely been
             Patna High Court CR. MISC. No.70170 of 2025(2) dt.13-01-2026
                                                         2/2




                       implicated in the present case. It has further been submitted that

                       whatever the rest amount would be, the same would returned to

                       the informant within a period of six months. The petitioner is in

                       custody since 01.08.2025.

                                    5. Considering the above-mentioned facts and

                       circumstances, let the petitioner above-named be released on

                       bail on furnishing bail bonds of Rs.10,000/- with two sureties

                       of the like amount each to the satisfaction of learned J.M.F.C.,

                       Bhagalpur in connection with Cyber P.S. Case No. 07 of 2025,

                       subject to the condition that the petitioner shall cooperate in the

                       disposal of trial and make himself available as and when

                       required by the court.

                                    6. Rs. 1,00,000/- shall be paid at the time of filing of

                       the bail bond and the rest amount shall be paid to the

                       informant within a period of six months. The bail bond shall

                       be confirmed after payment of all the amount within the

                       stipulated period.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T


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