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Patna High Court

Parvez AhmedversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Petitioner Parvez Ahmed was arrested in connection with offences under sections 319(2) and 318(4) of the Bihar Negotiable Instruments Act and section 66(c) of the Information Technology Act after two mobile phones recovered from him allegedly contained QR codes and communications with a person abroad. The petitioner claimed he was innocent, that the only financial transactions involved assistance from his maternal uncle residing in Dubai, and that there was no allegation of cheating. He had been in judicial custody since 23 July 2025. The State opposed bail on the ground of a prior criminal antecedent. The High Court, after considering the facts and the lack of substantive evidence of wrongdoing, ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether regular bail should be granted to the petitioner accused under sections 319(2), 318(4) of the Bihar Negotiable Instruments Act and section 66(c) of the IT Act.
  • Whether the petitioner’s prior criminal antecedent warrants denial of bail.
  • Whether the evidence of QR codes and foreign communication is sufficient to justify continued detention.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • section 319
  • section 318
  • section 66(c)
  • mobile phone evidence
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89508 of 2025
                   Arising Out of PS. Case No.-265 Year-2025 Thana- MANJHAGARH District- Gopalganj
                 ======================================================
                 Parvez Ahmed S/o Nabi Ahmed @ Navvi Ahmad R/o Village- Muzauna
                 Pathra, P.S- Manjhagarh, Dist- Gopalganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md Ansiur Rahman, Advocate
                 For the Opposite Party/s :      Mr. Vinod Shanker Modi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   15-01-2026                       Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 319 (2),

                   318 (4) of the BNS and Section 66(c) of the IT Act.

                                3.      The case of the prosecution is that from the

                   possession of this petitioner, two mobile phones were recovered

                   and upon examination of the said mobile phones, various QR

                   code were found. It is further alleged that there are materials to

                   show that the petitioner had talked with a person residing

                   abroad.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that the
            Patna High Court CR. MISC. No.89508 of 2025(2) dt.15-01-2026
                                                        2/2




                      maternal uncle of the deceased lives in Dubai and owing to the

                      petitioner’s poor financial condition, some monetary assistance

                      is occasionally send by the said maternal uncle. It is further

                      submitted that there is no allegation that the petitioner has

                      cheated any person. Moreover, the petitioner is languishing in

                      judicial custody since 23.07.2025.

                                   5. Learned APP appearing for the state has opposed

                      the prayer of regular bail stating that the petitioner has one

                      criminal antecedent.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Majhagarh P.S. Case No. 265 of 2025

                      on furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Chief Judicial Magistrate, Gopalganj.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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