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Patna High Court

Ashraf AliversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The Court refused bail, holding that the petitioner is not entitled to liberty pending trial.

Summary

Ashraf Ali was arrested on 20 August 2025 in connection with a cyber‑crime case (Araria Cyber P.S. Case No. 23 of 2025) alleging that he illegally withdrew money from an informant's bank account and obtained a loan using the informant's Aadhaar and PAN details, offences punishable under Sections 318(4), 319(2), 336(2), 338 and 340 of the BNS, 2023. The petitioner pleaded that he has a clean record and is falsely implicated, while the prosecution asserted that the investigation produced evidence of his involvement and that a co‑accused had already been granted bail, indicating Ashraf as the principal offender. The learned Additional Public Prosecutor opposed bail, citing the seriousness of the offences and the material evidence. The Court, after considering the submissions, declined to grant bail, holding that the circumstances did not warrant enlargement of liberty. Consequently, the petition for bail was dismissed.

Issues considered

  • Whether the petitioner is entitled to bail in respect of the offences under Sections 318(4), 319(2), 336(2), 338 and 340 of the BNS, 2023.

Subjects

  • bail
  • cyber crime
  • fraud
  • sections 318
  • sections 319
  • sections 336
  • sections 338
  • sections 340
  • Bihar Negotiable Act
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85103 of 2025
                        Arising Out of PS. Case No.-23 Year-2025 Thana- Cyber P.S. District- Araria
                 ======================================================
                 Ashraf Ali Son of Late Manjoor Alam R/o Village - Baturbari, Ward no. 12,
                 P.S. - Tarabari, Dist. - Araria.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Nishant Kumar Sinha, Advocate
                 For the Opposite Party/s :         Mr. Satya Nand Shukla, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   19-01-2026                    Heard Mr. Nishant Kumar Sinha, learned counsel for

                   the petitioner and Mr. Satya Nand Shukla, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   20.08.2025 in connection with Araria Cyber P.S. Case No. 23 of

                   2025, F.I.R. dated 19.08.2025 for the offences punishable under

                   Sections 318(4), 319(2), 336(2), 338 and 340 of the BNS, 2023.

                               3. According to prosecution case, this petitioner

                   illegally withdrawn money from the informant's bank account

                   and also took loan on informant's name.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the

                   F.I.R is false and fabricated and the petitioner has not committed
            Patna High Court CR. MISC. No.85103 of 2025(3) dt.19-01-2026
                                                        2/2




                      any offence as alleged in the F.I.R.

                                  5.    Learned       Additional       Public   Prosecutor   has

                      vehemently opposed the prayer for bail of the petitioner and

                      submits that the allegation as alleged is supported by the

                      evidence collected during investigation by the prosecution and it

                      has come during investigation that the petitioner has withdrawn

                      amount in question from the bank of the informant and apart

                      from that the petitioner has also taken loan by using Aadhar and

                      PAN Card of the informant. Co-accused, Imroz Alam @ Md

                      Imroz Alam has been granted bail on the ground that the

                      petitioner is the main culprit in the present occurrence.

                                   6. Considering the aforesaid facts and circumstances,

                      I am not inclined to enlarge the petitioner on bail in connection

                      with Araria Cyber P.S. Case No. 23 of 2025 pending in the court

                      of learned CJM, Araria.

                                   7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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