Patna High Court
Rashid JamalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petitioner is entitled to anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and compliance with the conditions of Section 482 of the Bhartiya Nagrik Suraksha Sanhita.
Summary
Rashid Jamal was implicated in a cyber‑crime case (Cyber P.S. Case No. 132 of 2025) for alleged offences under several sections of the Bhartiya Nagrik Suraksha Sanhita and the Information Technology Act, based primarily on the statement of co‑accused Ashik Jamal. The petitioner contended that he was falsely implicated because he is the brother of Ashik Jamal and that no cyber‑fraud proceeds were ever received in his account, citing a clean antecedent and the grant of anticipatory bail to other co‑accused. The State opposed the bail on the ground of the serious nature of the charges. The Court examined whether the material on record justified denial of bail and held that the petitioner was entitled to bail, subject to a bond of Rs 10,000 with two sureties and compliance with Section 482 of the B.N.S. The order directed that bail be granted if the petitioner surrenders within eight weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the allegations under Sections 319(2), 318(4), 338, 336(3), 316(2), 61(2) of the B.N.S. and Sections 66(C), 66(D) of the IT Act.
- Whether the co‑accused’s statement alone suffices to justify denial of bail.
- Whether the conditions imposed under Section 482 of the B.N.S. are appropriate.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 316(2), 318(4), 319(2), 336(3), 338, 482, 61(2)
- Information Technology Act — s. 66(C), 66(D)
Subjects
- anticipatory bail
- cyber crime
- IT Act
- B.N.S.
- false implication
- co‑accused statement
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92039 of 2025
Arising Out of PS. Case No.-132 Year-2025 Thana- Cyber P.S. District- East Champaran
======================================================
Rashid Jamal Son of Sh. Jamaluddin @ Jamaludin R/o Village - Ramkaran
Pakadi, Ward no. 11, P.S. - Chakia, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nafisu Zzoha
For the Opposite Party/s : Mr.Anil Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 08-07-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in Cyber P.S.
Case No. 132 of 2025 instituted for the offence under Sections
319(2), 318(4), 338, 336(3), 316(2) and 61(2) of the B.N.S. and
Section 66 (C) and 66(D) of the I.T. Act.
3. The case of the prosecution, in short, is that on
Pratibimb Portal, a complaint was found regarding mobile
number 7493948608 and on being investigated, it was found
that this mobile number belongs to one Sandeep Kumar, who
has named one Ashik Jamal, as accused, and co-accused Ashik
Jamal has further named nine persons. Petitioner is one amongst
them.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case merely because he happens to be brother of co-accused
Patna High Court CR. MISC. No.92039 of 2025(6) dt.08-07-2026
2/2
Ashik Jamal. Save & except statement of co-accused Ashik
Jamal, there is nothing against this petitioner. Not a single penny
of cyber fraud has been received in the account of this
petitioner. Similarly situated co-accused Vivek Kumar and
Pankaj Kumar Shrivastav have already been granted
anticipatory bail by a coordinate Bench of this Court, vide order
dated 18.03.2026 in Cr.Misc. No. 14866 of 2026 and order
dated 24.04.2026 in Cr.Misc. No.12182 of 2026 respectively.
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioner, in the event of arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
C.J.M., East Champaran at Motihari, in connection with Cyber
P.S. Case No. 132 of 2025, subject to condition as laid down
under Section 482 of the Bhartiya Nagrik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.