Aarif Khan @ Arif Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74126 of 2025 Arising Out of PS. Case No.-83 Year-2025 Thana- Cyber P.S. District- East Champaran ====================================================== Aarif Khan @ Arif Khan S/o Khairati Khan @ Bhuta Resident of Mohalla - Khairati Khan Lane No. 138, Kacchi Basti, Schem No. 3, Alwar, P.S. - Kotwali, District - Alwar, Rajasthan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhurendra Kumar, Adv For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-11-2025 Heard the parties.
2. The petitioner seeks bail in connection with Motihari Cyber P.S. Case No. 83 of 2025 registered for the offences under Sections 318(2), 318(4), 319(2), 356(2) and 356(4) of the Bharatiya Nyaya Sanhita and Sections 66, 66(D) and 67 of the I.T. Act.
3. The petitioner is not named in the F.I.R. and is in custody since 08.07.2025.
4. As per FIR, some of the co-accused persons committed cyber fraud, where on the basis of electronic trail, this petitioner was implicated with the present case.
5. Learned counsel appearing on behalf of the petitioner submitted that name of this petitioner transpired during the course
Patna High Court CR. MISC. No.74126 of 2025(2) dt.07-11-2025 2/3 of investigation, where electronic trail suggest that one Abhinav Kumar Maisi was involved in alleged cyber fraud. It is submitted that Abhinav Kumar Maisi during the course of his confession disclosed name of another co-accused Altaf Khan and when police went to raid his house, Altaf Khan was not found there, but his younger brother (petitioner) was arrested without any cogent material. It is submitted that no incriminating material appears to be recovered from the possession of this petitioner. While concluding the argument it is submitted that, petitioner is a man of clean antecedent and moreover, investigation of this case has already completed, and as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State, opposes the prayer for bail.
7. In view of aforesaid factual submission and by taking note of fact as prima-facie no incriminating materials appears to be recovered from the possession of this petitioner as to connect him with the present crime in question, coupled with the fact as petitioner remains in custody since 08.07.2025, accordingly above named petitioner, is directed to be released on bail in connection with Motihari Cyber P.S. Case No. 83 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
Patna High Court CR. MISC. No.74126 of 2025(2) dt.07-11-2025 3/3 the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, East Champaran, Motihari /concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T