Patna High Court
Munfed KhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Munfed Khan applied for bail in a cyber‑crime case (Chhapra Cyber P.S. Case No. 245 of 2024) alleging offences under Sections 318(4), 328, 336(3) of the B.N.S. and Sections 66(C) and 66(D) of the Information Technology Act. The prosecution alleged that a fake Facebook ID of the S.P., Saran was created and that victims were cheated of Rs.20,000 and Rs.40,000. The petitioner contended he was falsely implicated, pointing out that a co‑accused’s confessional statement named another person as the SIM seller and that the mobile numbers in the FIR did not belong to him; he also had no prior criminal record and had been in custody since 23‑09‑2025. The State opposed bail. After hearing both sides, the Court found the evidence insufficient to deny bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties of equal amount. The bail order was directed to be filed before the Magistrate of Saran.
Issues considered
- Whether the petitioner is entitled to bail despite the serious cyber‑offences alleged under the B.N.S. and IT Act.
- Whether the confessional statements of co‑accused and lack of direct evidence against the petitioner justify granting bail.
Legislation cited
- B.N.S. — s. 318(4), 328, 336(3)
- Information Technology Act — s. 66(C), 66(D)
Subjects
- bail
- cyber crime
- fake social media account
- cheating
- Information Technology Act
- Section 66C
- Section 66D
- criminal procedure
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84363 of 2025
Arising Out of PS. Case No.-245 Year-2024 Thana- Cyber P.S. District- Saran
======================================================
Munfed Khan Son of Buddhi Khan @ Buddhi Resident of village- Odela PS-
Ramgarh District -Alwar, Rajasthan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Rajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 05-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Chhapra Cyber P.S. Case No. 245 of 2024 registered for
the offence punishable under Sections 318(4), 328 and 336(3) of
the B.N.S. and Sections 66(C) and 66(D) of the I.T. Act.
3. The case of the prosecution, in short, is that the
police had informant that some one has created fake Facebook
I.D. of S.P., Saran and on this information, inquiries were made.
During inquiry / investigation, it has come that one Santosh
Baitha was being cheated of Rs. 20,000/- and other Awadhesh
Kumar Mishra was also cheated Rs. 40,000/- .
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.84363 of 2025(3) dt.05-02-2026
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committed no offence. He has been falsely implicated in this
case. It has further been submitted that in this case, one Harsh
Raj has given his confessional statement and in his confessional
statement he has stated that he sales SIM and on his
confessional statement, the name of this petitioner has surfaced.
The petitioner has given his confessional statement and he has
stated that he has sold SIM to Ajrudeen Khan. It has also been
submitted that the mobile numbers which are detailed in the
F.I.R. does not belong to the petitioner. His name has surfaced in
the confessional statement of the co-accused. There is no
allegation against him that he has cheated anybody and there is
also no allegation that he is running the fake account of S.P.,
Saran on Facebook. Petitioner is having no criminal antecedent
and he is languishing in judicial custody since 23.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
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 Judicial
Patna High Court CR. MISC. No.84363 of 2025(3) dt.05-02-2026
3/3
Magistrate 1st Class, Saran at Chapra in connection with
Chhapra Cyber P.S. Case No. 245 of 2024.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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