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Patna High CourtCR. MISC./82250/2025bail granted

Aslam Ahmad v. The State Of Bihar

2026-01-27Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82250 of 2025 Arising Out of PS. Case No.-1479 Year-2025 Thana- PHULWARISHARIF District- Patna ====================================================== Aslam Ahmad son of Late Md. Reyazuddin Village- Haji Harmain colony ,Ward No 20, Phulwarisharif P.s- Phulwarisharif District -Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-01-2026 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner and Mr. Jagdhar Prasad, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail, who is in custody since 08.09.2025 in connection with Phulwarisharif P.S. 1479 of 2025, F.I.R. dated 07.09.2025 for the offences punishable under Sections 319(2) 318(4), 338, 336(3), 340(2), 308(2), 132 of the BNS, 2023, Sections 66(C), 66(D) of the Information Technology Act.

3. According to prosecution case, petitioner is alleged to have made a fake email ID in the name of A.D.G., Patna for committing an illegal work like booking tickets and land mutation work.

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4. Learned counsel for the petitioner submits that petitioner has clean antecedent and the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. It appears from the FIR itself that the informant himself admitted that he has sent the Whatsapp message to the official of the Revenue Department for mutation of the land in question which belongs to the petitioner and he has created Email ID in the name of the A.D.G., Patna and apart from aforesaid also allegation is that on the fake Email ID he has requested the Government Official to complete my work. Learned counsel further submits that if the petitioner has requested for mutation of other land then Section 319(2) has been attributed against the petitioner and at best Section 66(C) of the Information Technology Act has been attributed against the petitioner and the police after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 08.09.2025.

5. Learned APP for the State have vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and also the fact that the petitioner has clean antecedent, let the petitioner, above named, be released on bail

3/4 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Patna, in connection with Phulwarisharif P.S. Case No. 1479 of 2025, with the following conditions:

i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

ii. If the petitioner tampers with the evidence or the

4/4 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ranjeet/- U T