Md. Mubbassir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85002 of 2024 Arising Out of PS. Case No.-78 Year-2024 Thana- Cyber P.S. District- Nalanda ====================================================== Md. Mubbassir S/O Md. Maqsood Khan R/O Muhalla-Bhaisasoor, P.SLaheri, District - Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hansraj, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-02-2025 Heard learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 319, 318, 336(3), 338, 339, 344, 351 and 61 of the Bharatiya Nyaya Sanhita and Sections 66(B), 66(C) and 66(D) of the Information Technology Act.
3. The case of the prosecution is that one Saurabh Kumar has told the informant to open ten accounts in lieu of that he was to be given Rs.30,000/-. He was also said that he will not face any problem. After this he gave the number of his friend who is Karan. After this he got the Aadhar and address changed and then ten accounts were opened out of which eight were opened online. When the family members came to know, the
Patna High Court CR. MISC. No.85002 of 2024(4) dt.10-02-2025 2/3 informant told Saurabh to close the account and Saurabh started demanding money. When the informant told Saurabh that he will complain then Saurabh started threatening the informant.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. Petitioner has got no criminal antecedent. It is also submitted that from perusal of para-23 of the case diary this petitioner has given his confessional statement that from his possession one mobile was recovered and in his mobile whatsapp chat, the details of accounts were found. It is also submitted that from entire investigation it cannot be substantiated that any money was transferred to the account of this petitioner. Nothing consistent material has come against the petitioner during investigation. Moreover, the petitioner is languishing in judicial custody since 03.09.2024.
5. Learned APP appearing for the state has opposed85002 the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the fact that learned counsel for the State has supported the submission of learned counsel for the petitioner that no money was transferred to the account of this petitioner, this court is
Patna High Court CR. MISC. No.85002 of 2024(4) dt.10-02-2025 3/3 inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nalanda Cyber P.S. Case No. 78 of 2024 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, Nalanda.
7. Accordingly, the present bail application stands allowed.
(Ashok Kumar Pandey, J) Sudhanshu/- U T