Patna High Court
Naimullah Ansari @ Nimullah AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court denied pre‑arrest bail to the petitioner.
Summary
The petitioner, Naimullah Ansari, was implicated in a cyber fraud case involving illegal withdrawal of funds, with other accused naming him as an associate. The FIR cites offences under several sections of the B.N.S.S. and Sections 66C and 66D of the Information Technology Act. The petitioner argued that he was falsely implicated, noting that no incriminating material was found on his person and only confessional statements of other accused linked him. The State opposed bail, highlighting the petitioner’s criminal antecedents and the seriousness of the alleged offences. The Court, considering the nature of the accusations and the petitioner’s prior record, rejected the petition for pre‑arrest bail.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the allegations under the B.N.S.S. and IT Act.
- Whether the confessional statements of co‑accused and the petitioner’s criminal antecedents justify denial of bail.
- Whether the petitioner has been falsely implicated and lacks material evidence against him.
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. 66C, 66D
Subjects
- pre‑arrest bail
- cyber fraud
- Information Technology Act
- B.N.S.S.
- criminal antecedents
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81825 of 2025
Arising Out of PS. Case No.-34 Year-2025 Thana- Cyber P.S. District- West Champaran
======================================================
Naimullah Ansari @ Nimullah Ansari S/O Noor Alam Ansari R/O Village -
Jaukatiya Chaubey Tola ward no.- 13, Police station - Majhauliya, District -
West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under section 318(4), 319(2), 303(2),
317(4), 61(2), 317(5) and 111 of the B.N.S.S. and Section
66(C ) and 66(d) of the IT Act.
3 . As per allegation in the FIR, it is a case of cyber
crime . Petitioner is alleged to be involved in Cyber fraud and
Patna High Court CR. MISC. No.81825 of 2025(3) dt.09-02-2026
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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 Breeza vehicle after obtaining money from cyber
fraud. All the four accused persons were apprehended and they
disclosed their name as Md. Kalimullah, Amirullah Ansari, Md.
Meraj Alam and Md. Kaish and 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. During query they also disclosed
names of other six accused persons, including the name of
petitioner, as their associates.
4. Learned counsel for the petitioner submits that t is
submitted by learned counsel for the petitioner that petitioner
has been falsely implicated in this case. No any objectionable
material or single penny has been found from the possession of
the petitioner. Save and except confessional statement of
apprehended accused persons before the police, nothing has
come against the petitioner.
5. Learned counsel for the State opposes the prayer
for bail this petitioner along with other co-accused persons is
involved in the alleged occurrence and has got 2 criminal
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antecedents out of which 1 is of similar nature .
6. Considering the nature of accusation , criminal
antecedents of this petitioner and gravity of offence , prayer for
pre-arrest bail of the petitioner is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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