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2025 DAILYLAW 6193 (PAT)

Mohammad Kaish v. The State Of Bihar

CR. MISC./78127/2025 · 2026-05-05

Sandeep Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78127 of 2025 Arising Out of PS. Case No.-34 Year-2025 Thana- Cyber P.S. District- West Champaran ====================================================== Mohammad Kaish S/O Mohammad Kasim Ansari Resident of Motipur ward no 18, P.S.- Bariya, District- West Champaran, Bihar ... ... Petitioner/s Versus 1. The State Of Bihar 2. Dheeraj Kumar S/O Birenchi Mandal R/O Cyber Thana, East Champaran, Bettiah, Bihar- 845439 ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Aryan Sinha, Advocate For the Opposite Party/s : Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 6 05-05-2026 Heard learned counsel for the parties. 2. The petitioner seeks regular bail in connection with Bettiah Cyber P.S. Case No. 34 of 2025, registered for the offence punishable under Sections 318(4), 319(2), 303(2), 61(2), 317(4), 317(5) and 111 of the B.N.S.S. and Section 66(C) and 66(D) of the Information Technology Act, 2000. 3. As per prosecution case, it is a case of cyber crime. Petitioner is alleged to be involved in Cyber fraud and withdrawing money illegally from the unknown person’s account using electric medium. On 16.07.2025, informant received secret information regarding four accused persons moving on a Brezza vehicle after obtaining money from cyber Patna High Court CR. MISC. No.78127 of 2025(6) dt.05-05-2026 2/3 fraud. All the four accused including the petitioner were apprehended and they have accepted their involvement in the cyber fraud. During search, total amount of Rs. 2,68,300/- was recovered from their possession for which they could not give satisfactory answer. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has two criminal antecedents and he is in custody since 16.07.2025. 5. Learned A.P.P. for the State has opposed the prayer for bail and submitted that the petitioner was travelling in a car with other cyber criminals and the modes operandi of crime has been described by them in detail which is in FIR. Similarly situated co-accused persons, namely, Amirullah Ansari, Md. Meraj Alam’s and Md. Kalimullah’s regular bail applications were dismissed by this Court in Cr. Misc. No. 71111/2025, Cr. Misc. No. 73366/2025 and Cr. Misc. No. 74147/2025. 6. Considering the aforesaid facts, the prayer for regular bail of the petitioner stands rejected. 7. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations Patna High Court CR. MISC. No.78127 of 2025(6) dt.05-05-2026 3/3 shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner. Ranjeet/- (Sandeep Kumar, J) U T