Patna High Court
Nazir Alam @ Najeer HusainversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that pre‑arrest bail could not be granted and dismissed the petition.
Summary
Petitioner Nazir Alam sought pre‑arrest bail after a raid recovered cash, mobile phones, ATM cards and digital evidence linking him to multiple cyber‑fraud complaints involving UPI, net‑banking and crypto transactions. The prosecution alleged his participation in offences punishable under sections 319(2), 303(2), 61(2), 317(4), 317(5) and 111 of the Bihar Negotiable Instruments Act, and co‑accused statements implicated him. The court examined the gravity of the alleged offences, the material seized, and the risk of tampering with evidence. Considering these factors, the judge concluded that bail at this stage would jeopardise the investigation. Consequently, the petition for pre‑arrest bail was rejected.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in view of the seriousness of the alleged cyber‑fraud offences and the evidence seized
Legislation cited
- Bihar Negotiable Instruments Act — s. 111, 303(2), 317(4), 317(5), 319(2), 61(2)
Subjects
- pre‑arrest bail
- cyber fraud
- UPI
- net‑banking
- crypto transaction
- black money
- Bihar Negotiable Instruments Act
- sections 319, 303, 61, 317, 111
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84967 of 2025
Arising Out of PS. Case No.-34 Year-2025 Thana- Cyber P.S. District- West Champaran
======================================================
Nazir Alam @ Najeer Husain Son of Zakir Alam @ Jafeer Alam Resident of
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. Binod Kumar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under section 319 ( 2 ), 303 ( 2 ), 61 ( 2 ),
317 ( 4 ), 317 (5) and 111 of BNS.
3 . As per the prosecution case , on a secret
information a raid was conducted by informant, in which cash,
mobile phones, ATM cards and incriminating digital evidence
were recovered and technical scrutiny revealed linkage with
multiple NCRP cyber fraud complaints, use of UPI/net banking
and crypto transaction and transfer of black money was
deducted. It is further alleged that co-accused persons who
were apprehended on the spot has disclosed the name of this
Patna High Court CR. MISC. No.84967 of 2025(2) dt.06-01-2026
2/2
petitioner and also his involvement in the commission of
aforesaid occurrence .
4. Considering the nature of accusation , gravity of offence ,
materials available on record and other circumstances of the
case , prayer for pre-arrest bail of the petitioner is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
Checking your session…