Patna High Court
Mohammad KaishversusThe State Of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted to the petitioner.
Summary
Petitioner Mohammad Kaish was arrested in a cyber fraud case involving the illegal withdrawal of money from an unknown person's account, with Rs. 2,68,300 recovered from the accused. He sought regular bail, claiming innocence despite having two prior criminal antecedents and being in custody since July 16, 2025. The prosecution alleged his participation in the fraud, noting his travel with other accused in a vehicle and detailed modus operandi recorded in the FIR. The State opposed bail, citing the seriousness of the offences under multiple sections of the B.N.S.S. and the Information Technology Act, and referenced the denial of bail to co-accused in related matters. The court rejected the bail application, emphasizing that its observations were prima facie and limited to the bail issue.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the cyber fraud charges and prior criminal antecedents
- Whether the involvement of the petitioner with other accused and the recovery of a substantial amount of money preclude the grant of bail
Legislation cited
- B.N.S.S. — s. 111, 303(2), 317(4), 317(5), 318(4), 319(2), 61(2)
- Information Technology Act, 2000 — s. 66(C), 66(D)
Subjects
- regular bail
- cyber crime
- Information Technology Act
- criminal antecedents
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78127 of 2025
Arising Out of PS. Case No.-34 Year-2025 Thana- Cyber P.S. District- West Champaran
======================================================
Mohammad Kaish S/O Mohammad Kasim Ansari Resident of Motipur ward
no 18, P.S.- Bariya, District- West Champaran, Bihar
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Dheeraj Kumar S/O Birenchi Mandal R/O Cyber Thana, East Champaran,
Bettiah, Bihar- 845439
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Sinha, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 05-05-2026 Heard learned counsel for the parties.
2. The petitioner seeks regular bail in connection with
Bettiah Cyber P.S. Case No. 34 of 2025, registered for the
offence punishable under Sections 318(4), 319(2), 303(2), 61(2),
317(4), 317(5) and 111 of the B.N.S.S. and Section 66(C) and
66(D) of the Information Technology Act, 2000.
3. As per prosecution case, it is a case of cyber crime.
Petitioner is alleged to be involved in Cyber fraud and
withdrawing money illegally from the unknown person’s
account using electric medium. On 16.07.2025, informant
received secret information regarding four accused persons
moving on a Brezza vehicle after obtaining money from cyber
Patna High Court CR. MISC. No.78127 of 2025(6) dt.05-05-2026
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fraud. All the four accused including the petitioner were
apprehended and they have accepted their involvement in the
cyber fraud. During search, total amount of Rs. 2,68,300/- was
recovered from their possession for which they could not give
satisfactory answer.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. The
petitioner has two criminal antecedents and he is in custody
since 16.07.2025.
5. Learned A.P.P. for the State has opposed the prayer
for bail and submitted that the petitioner was travelling in a car
with other cyber criminals and the modes operandi of crime has
been described by them in detail which is in FIR. Similarly
situated co-accused persons, namely, Amirullah Ansari, Md.
Meraj Alam’s and Md. Kalimullah’s regular bail applications
were dismissed by this Court in Cr. Misc. No. 71111/2025, Cr.
Misc. No. 73366/2025 and Cr. Misc. No. 74147/2025.
6. Considering the aforesaid facts, the prayer for
regular bail of the petitioner stands rejected.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
Patna High Court CR. MISC. No.78127 of 2025(6) dt.05-05-2026
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shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Ranjeet/-
U T
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