Patna High Court
Aslam AhmadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on the ground of his clean antecedent and the lack of substantive evidence justifying continued detention.
Summary
The petitioner, Aslam Ahmad, was arrested on 8 September 2025 in connection with FIR No. 1479 of 2025 alleging offences under the Bihar Nagarik Suraksha Act, 2023 and the Information Technology Act, including sections relating to assault, criminal intimidation and fraudulent use of electronic communication. He is accused of creating a fake email ID to request land‑mutation work and other illegal activities. The petitioner pleaded that he has a clean antecedent and that the allegations are fabricated, contending that the informant himself admitted to sending the WhatsApp message. The State opposed bail. The High Court, after considering the clean antecedent and the nature of the allegations, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence in court, and non‑tampering with evidence. The bail order was directed to be implemented by the Additional Chief Judicial Magistrate‑IV, Patna.
Issues considered
- Whether bail should be granted in a case involving multiple offences under the Bihar Nagarik Suraksha Act, 2023 and the Information Technology Act, 2000.
- Whether the petitioner’s clean criminal antecedent and alleged falsity of the FIR justify the grant of bail.
- Whether the conditions imposed on bail are appropriate and sufficient.
Legislation cited
- Information Technology Act, 2000 — s. 66(C), 66(D)
Subjects
- bail
- criminal procedure
- Bihar Nagarik Suraksha Act
- Information Technology Act
- fake email ID
- land mutation
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82250 of 2025
Arising Out of PS. Case No.-1479 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Aslam Ahmad son of Late Md. Reyazuddin Village- Haji Harmain colony
,Ward No 20, Phulwarisharif P.s- Phulwarisharif District -Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
Mrs. Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 27-01-2026 Heard Mr. Ajay Kumar Thakur, learned counsel for
the petitioner and Mr. Jagdhar Prasad, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
08.09.2025 in connection with Phulwarisharif P.S. 1479 of
2025, F.I.R. dated 07.09.2025 for the offences punishable under
Sections 319(2) 318(4), 338, 336(3), 340(2), 308(2), 132 of the
BNS, 2023, Sections 66(C), 66(D) of the Information
Technology Act.
3. According to prosecution case, petitioner is alleged
to have made a fake email ID in the name of A.D.G., Patna for
committing an illegal work like booking tickets and land
mutation work.
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4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
committed any offence as alleged in the FIR. It appears from the
FIR itself that the informant himself admitted that he has sent
the Whatsapp message to the official of the Revenue
Department for mutation of the land in question which belongs
to the petitioner and he has created Email ID in the name of the
A.D.G., Patna and apart from aforesaid also allegation is that on
the fake Email ID he has requested the Government Official to
complete my work. Learned counsel further submits that if the
petitioner has requested for mutation of other land then Section
319(2) has been attributed against the petitioner and at best
Section 66(C) of the Information Technology Act has been
attributed against the petitioner and the police after
investigation, submitted chargesheet against the petitioner and
the petitioner is in custody since 08.09.2025.
5. Learned APP for the State have vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and also the fact that the petitioner has clean
antecedent, let the petitioner, above named, be released on bail
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on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Additional Chief Judicial Magistrate-IV, Patna, in
connection with Phulwarisharif P.S. Case No. 1479 of 2025,
with the following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
ii. If the petitioner tampers with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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