Patna High Court
Parvez AhmedversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Negotiable Instruments Act — s. 318(4), 319(2)
- Information Technology Act, 2000 — s. 66(c)
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
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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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