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Patna High Court

Nazir Alam @ Najeer HusainversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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


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