Patna High Court
Mohammad Shyan Manzar @ Shyan Manjer @ Shyan Manjar @ Md. ShyanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Petitioner Mohammad Shyan Manzar was arrested in connection with a case alleging possession of four ATM cards, cash and a mobile phone, and charged under several IPC sections, the Bihar Narcotic Substances Act, 2023 and the Information Technology Act. He contended that he was falsely implicated, that the FIR was based solely on his own statement and that there was no other evidence linking him to the alleged cyber fraud. The State opposed his bail, citing the seriousness of the offences. The Court examined the facts, noting the lack of substantive evidence beyond the petitioner's statement and his clean criminal record. Consequently, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the nature of the offences and the evidence presented
Legislation cited
- B.N.S., 2023 — s. 111(3), 318(4), 336(3), 338, 3/5
- Information Technology Act — s. 66(C), 66(D)
Subjects
- bail
- cybercrime
- ATM fraud
- IPC
- Information Technology Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7699 of 2026
Arising Out of PS. Case No.-318 Year-2025 Thana- ARARIA District- Araria
======================================================
Mohammad Shyan Manzar @ Shyan Manjer @ Shyan Manjar @ Md. Shyan
S/o Md. Irfan Manzar @ Irfan Manjar R/o Village - Batau Kuwa, P.S - Chowk
(Patna City Chowk), District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-02-2026 Heard Mr. Gopal Kumar Jha, learned counsel for the
petitioner and Mr. Dr. Ajeet Kumar, learned APP for the State.
2. The petitioner has prayed for bail in connection
with Araria P.S. Case No. 318 of 2025 registered for the offence
punishable under Sections 318(4), 338, 336(3), 111(3), 3/5 of
the B.N.S., 2023 and Sections 66(C) & 66(D) of the I.T. Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner, altogether four ATM cards, out
of which three were of different persons, Rs. 10,000/- and a
mobile of Realme company were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.7699 of 2026(2) dt.12-02-2026
2/2
case. He also submits that from perusal of the FIR, it is clear
that all the FIR is based on the statement of this petitioner,
which was given before the police. Save and except the
statement of this petitioner, there is nothing against him. Though
the informant has booked him in cyber fraud as well, but it is
not clear as to whom this petitioner has cheated through cyber
fraud. He further submits that a statement has been made in para
3 of the petition that petitioner has no criminal antecedent and
he is languishing in judicial custody since 07.08.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Araria in connection with Araria P.S. Case
No. 318 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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