Akash Mukharjee v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69243 of 2025 Arising Out of PS. Case No.-14 Year-2025 Thana- Cyber P.S. District- East Champaran ====================================================== Akash Mukharjee S/o- Amal Mukherjee R/O- Teja Tola Ward No- 4 OP Katihar, Bengali Para Katihar, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vishal Prasad, Advocate For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-01-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Motihari Cyber P.S. Case no. 14 of 2025 registered under sections 318(4), 319(2), 338, 336(3), 340(2), 303(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and section 66-C and 66-D of the Information Technology Act, 2000.
3. As per the prosecution case, the informant states that one Vijay Khanna who got connected with the petitioner through whatsapp on mobile telephone, digitally arrested him and got him to transfer huge amount of money in several lakhs in different accounts. Hence the FIR.
4. It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. He was falsely implicated
Patna High Court CR. MISC. No.69243 of 2025(5) dt.21-01-2026 2/3 in course of investigation when it transpired that some of the amounts extorted from the informant was deposited in the petitioner's bank account. It is submitted that the bank account was opened by co-accused who had used the sim card of the petitioner and the petitioner did not have any information about the same having been opened and money as a result of cyber fraud being deposited in the same. The petitioner who is in custody since 12.6.2025 has no criminal antecedent. Chargesheet has been submitted in the case.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and having perused the contents of the FIR, it transpires that the informant of the case was taken into digital arrest by the accused persons and several lakh rupees was got transferred from the informant's account in different accounts. One of the accounts in which Rs. 2,00,000/- was transferred happened to be the account of the petitioner. In course of investigation, it further transpired that 22 different complaints from different parts of the country related to cyber fraud were connected with the petitioner's account. Out of those transactions, Rs. 2.5 crores was credited in the petitioner's account.
7. In view of the facts and circumstances of the case, the
Patna High Court CR. MISC. No.69243 of 2025(5) dt.21-01-2026 3/3 Court is not inclined to enlarge the petitioner on bail and the application is rejected.
8. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) sauravkrsinha/- U T