Patna High Court
Mohammad Aman @ Md. AmanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- Bihar Negotiable Instruments Act — s. 316(2), 318(4)
- Information Technology Act, 2000 — s. 66
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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