Patna High Court
Husne Ali SaifiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner subject to stipulated conditions.
Summary
The petitioner, Husne Ali Saifi, was named in an FIR for alleged hacking of the RCMS portal to obtain ration cards, facing charges under several sections of the Bhartiya Nyay Sanhita, 2023 and the Information Technology Act. He contended that he operates a legitimate Customer Service Centre and that the seized electronic equipment was essential for his business, not incriminating. The State opposed his request for anticipatory bail. The court observed that, apart from suspicion, the seizure list did not reveal any material linking the petitioner to the alleged offences and noted his clean antecedent. Consequently, the court ordered that the petitioner be released on anticipatory bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 and two sureties, under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. despite the serious cyber‑offences alleged.
- Whether the seizure list and the petitioner’s clean antecedent justify the grant of bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 303(2), 318(4), 319(2), 336(3), 338, 340(1), 61(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Information Technology Act — s. 66(C), 66(D)
Subjects
- anticipatory bail
- cybercrime
- hacking
- RCMS portal
- Information Technology Act
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75949 of 2025
Arising Out of PS. Case No.-78 Year-2025 Thana- Cyber P.S. District- East Champaran
======================================================
Husne Ali Saifi S/O Abdul Kalam @ Abdul Kalim R/O Village- Laguniya,
Ward No.-11, P.S- Pahar Pur, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Shankar Shrivastava, Advocate
For the Opposite Party/s : Mr.Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Motihari Cyber
P.S. Case No. 78 of 2025 registered for the offences
punishable under Sections 338, 336(3), 340(1), 303(2),
318(4), 319(2), 61(2) of the Bhartiya Nyay Sanhita, 2023
(in short, the ‘B.N.S.’) and section 66(C) 66(D) of the
Information Technology Act.
3. As per FIR, petitioner was suspected to hack the
RCMS Portal for issuance of Ration Card and other
personalized documents. The alleged cyber fraud committed
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by other co-accused persons also.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner was running Customer
Service Centre (CSC) and having certificate of Business
Correspondence/Facilitators, as issued from Indian Institute
of Banking and Finance.
5. It is submitted that even the seizure list not
suggests any incrimination against the petitioner for the
reason that the seized items are essential and electronic
equipments as to run the CSC and same belongs to this
petitioner. It is pointed out that save and except suspicion as
RCMS Portal was hacked by this petitioner and others, the
petitioner was implicated with the present case, who is a man
of clean antecedent.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
7. In view of the aforesaid factual submissions and by
taking note of the fact as except suspicion prima-facie nothing
incriminating appears against this petitioner even from the
seizure list, coupled with the fact that petitioner is a man of
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clean antecedent, accordingly, above-named petitioner, in the
event of his arrest/surrender within a period of four weeks
from this order, is directed to be enlarged on bail on
furnishing of bail bond of Rs.10,000/- (ten thousand only)
with two sureties of the like amount each to the satisfaction of
learned C.J.M., Motihari, East Champaran/concerned court in
connection with Motihari Cyber P.S. Case No. 78 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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