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Patna High CourtCR. MISC./10380/2026allowed

Ashik Jamal v. The State Of Bihar

2026-02-18Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10380 of 2026 Arising Out of PS. Case No.-132 Year-2025 Thana- Cyber P.S. District- East Champaran ====================================================== Ashik Jamal S/O Jamaluddin R/O Sakin- Ramkaran Pakdi, Ward no.11, P.S.- Chakia, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sauravh Singh, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-02-2026 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), 338, 336(3), 316(2) & 61(2) of the B.N.S. and under Sections 66(C) & 66(D) of the Information Technology (in short 'I.T.')Act.

3. The case of the prosecution, in short, is that Pratibimb Portal a mobile no. 7493948608 was found and it was detected that there were two complaints on this number. One Jamal Khan of Hardoi, Uttar Pradesh has complained that someone has made fake ID of his friend on Instagram and cheated him of Rs.1,75,000/-. This mobile number was found with one Sandeep Kumar.. This petitioner has also disclosed that

Patna High Court CR. MISC. No.10380 of 2026(2) dt.18-02-2026 2/3 he is involved in the offence of cyber fraud.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Learned counsel has submitted that the name of this petitioner has been disclosed by Sandeep Kumar and Sandeep has further stated that that Aashuiq Jamaal the petitioner used to send money in his HDFC A/c no. 50100735601391 and he was also given a share. This petitioner has also disclosed that he is involved in the offence of cyber fraud. Learned counsel has further submitted that save and except the statement of the petitioner, there is no concrete material to show that the petitioner has cheated anybody and it is not clear from the FIR as to what amount, this petitioner has sent in the account of Sandeep Kumar and what share was paid to him. The allegations are bald.

He has further submitted that no account statement of this petitioner is there to show that he has cheated anybody. Learned counsel has also furnished the account statement of the victim which goes to show that the victim is having around twelve thousand in his account. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 18.08.2025.

Patna High Court CR. MISC. No.10380 of 2026(2) dt.18-02-2026 3/3

5. Learned Additional Prosecutor for the State has vehemently opposed the bail application of the petitioner.

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 Motihari Cyber P.S. Case No. 132 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, East Champaran at Motihari. (Ashok Kumar Pandey, J) Shubham/- U T