Imran Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34947 of 2025 Arising Out of PS. Case No.-63 Year-2024 Thana- Cyber P.S. District- Gopalganj ====================================================== Imran Ali Son of Mustafa Ali @ Mustafa R/O Village- Pathra, P.S.- Manjhagarh, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lokesh Kumar Singh, Advocate For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-08-2025 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner who apprehends arrest in connection with Gopalganj (Cyber) P.S. Case No. 63 of 2024 lodged on 04.07.2024, for the offences punishable under sections 318(4) and 319(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 66D of the I.T. Act.
3. As per the prosecution, the F.I.R. has been lodged against two named and other unknown accused persons. It is alleged therein that the accused persons used to cheat innocent individuals by opening bank accounts in different names, withdrawing money through mobile and ATM, and transferring the same to other cyber criminals. It is specifically alleged against the petitioner that a huge amount of money, subject
Patna High Court CR. MISC. No.34947 of 2025(3) dt.20-08-2025 2/3 matter of cyber fraud, has been transferred into his bank account.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted that the petitioner is not named in the F.I.R. and no allegation whatsoever has been made against him therein. His name has surfaced only during the course of investigation. The only allegation against the petitioner is that certain amounts were credited into his bank account from various sources, for which he has no role to play. It is also submitted that the antecedent of the petitioner is clean.
5. Learned APP for the State, however, vehemently opposes the prayer for bail and submits that the learned Trial Court, while rejecting the prayer for bail, has already considered in detail various paragraphs of the case diary reflecting the involvement of the petitioner in the alleged offence. It is further submitted that neither in the case diary nor in the supplementary case diary, nor even in the present application, is there any satisfactory explanation with respect to the transfer of huge amounts from different sources into the bank account of the petitioner.
6. In this background, this Court is not inclined to
Patna High Court CR. MISC. No.34947 of 2025(3) dt.20-08-2025 3/3 grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with Gopalganj (Cyber) P.S. Case No. 63 of 2024, pending before the learned CJM, Gopalganj is hereby rejected.
7. However, if the petitioner surrenders before the learned Trial Court within a period of six weeks from today, the Trial Court shall consider and pass an appropriate order on his surrender-cum-bail application on the same day, provided the petitioner produces substantive materials by way of affidavit to demonstrate that the amount credited in his bank account is not connected with the alleged cyber fraud, and such consideration shall be made without being prejudiced by the rejection of the petitioner's anticipatory bail by this Court. (Dr. Anshuman, J) Ashwini/- U T