Patna High Court
Aasif @ Prince @ Aasif Javed @ Assif JavedversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Aasif Javed, applied for regular bail in a case involving alleged cyber‑fraud offences under sections 303(2), 319(2), 318(4), 317(2) and 317(5) of the Bihar Narcotic Substances Act and sections 66C, 66D and 84B of the Information Technology Act. The prosecution alleged that Irfan Akhtar, with his brother and associates, defrauded victims and deposited the proceeds in accounts of the associates. During a raid of the petitioner’s residence, only his personal items – a passbook, an ATM card and a mobile phone – were recovered; no incriminating material was found. The petitioner has been in custody since 14 July 2025 and has no prior similar cases, while a co‑accused, Hasan Khan, had been granted anticipatory bail by a coordinate bench. Considering these facts, the court ordered the release of the petitioner on bail with a bond of Rs 10,000 and two sureties, subject to cooperation with the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the alleged cyber‑fraud offences
- Whether the lack of material seized, absence of prior similar cases, and the grant of anticipatory bail to a co‑accused justify the release on bail
Legislation cited
- Bihar Narcotic Substances Act — s. 303(2), 317(2), 317(5), 318(4), 319(2)
- Information Technology Act, 2000 — s. 66C, 66D, 84B
Subjects
- regular bail
- cyber fraud
- Information Technology Act
- anticipatory bail
- seizure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82638 of 2025
Arising Out of PS. Case No.-33 Year-2025 Thana- Cyber P.S. District- West Champaran
======================================================
Aasif @ Prince @ Aasif Javed @ Assif Javed Son of Md. Jawed Khan
Resident of Vill. - Ganj No. -01, Bettiah, Ward No - 15, P.S.- Bettiah Nagar,
Dist. - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar
Mr. Raushan Raj
Mr. Sitesh Kashyap
For the State s : Mr.Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 20-02-2026 Heard the learned counsel for the parties.
2. This is an application for regular bail on behalf
of the petitioner for the offences alleged under Sections
303(2)/319(2)/318(4)317(2) and 317(5) of the BNS and Section
66 (C)/66(D)/84(B) of the I.T.Act, registered in connection with
Bettiah Cyber P.S.Case No. 33/2025.
3. As per allegation, the police got a secret
information that one Irfan Akhtar with the assistance of his
brother and other associates, indulged in cyber fraud. By this
fraud, the money of the innocent persons was siphoned out and
deposited in the bank accounts of his associates.
4. The learned counsel for the petitioner has
Patna High Court CR. MISC. No.82638 of 2025(3) dt.20-02-2026
2/2
submitted the house of the petitioner was raided and one
passbook, an ATM card and a mobile set were recovered which
were the belongings of the petitioner himself. Except those,
nothing was recovered from his possession. The petitioner is in
custody since 14.07.2025 and he is not involved in any other
case of similar nature. The learned counsel has also submitted
that co-accused Hasan Khan, identically placed, has been
granted anticipatory bail by a coordinate Bench of this Court in
Cr.Misc.No. 79694 of 2025.
5. Considering the above facts and circumstances, let
the petitioner above-named, be released on bail on furnishing
bail bond of Rs. 10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of learned J.M. 1 st Class,
West Champaran at Bettiah in connection with Bettiah Cyber
P.S.Case No. 33/2025, subject to the condition that the petitioner
shall cooperate in the disposal of trial and make himself
available as and when required by the court.
(Nawneet Kumar Pandey, J)
HR/-
U T
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