Allowed¶31

Md. Atif Husain v. The State of Bihar

Patna HC14 Aug 2025CR. MISC./36558/2025

Case brief

AI extract

What is this about?

Patna HC, Justice Sunil Dutta Mishra, 14-08-2025 — regular bail allowed to Md. Atif Husain and Md Sitare Ahmad (Crl. Misc. Nos. 36558 & 41420 of 2025) in Samastipur Cyber P.S. Case No. 26 of 2025: BNS 2023 ss. 3(5), 111(2), 316(2), 318(4), 61(2), 323, 319(2) and I.T. Act ss. 66(C), 66(D); online gaming app 'Daman' hacking/mobile-porting allegations; custody since 11.04.2025; charge-sheet submitted; bail bond Rs. 10,000/- each with two like sureties before Sub Judge V-cum-A.C.J.M. 2nd, Samastipur.

What did the court decide?

Petitioners enlarged on regular bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned court concerned/Sub Judge V-cum-A.C.J.M. 2nd, Samastipur, in connection with Samastipur Cyber P.S. Case No. 26 of 2025. ¶31

Md. Atif Husain Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners (Md. Atif Husain and Md Sitare Ahmad) should be enlarged on regular bail in connection with Samastipur Cyber P.S. Case No. 26 of 2025.

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Court's answer

Considering the submissions made on behalf of the parties and the facts and circumstances of the case, the Court ordered the petitioners to be enlarged on regular bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned court concerned/Sub Judge V-cum-A.C.J.M. 2nd, Samastipur, in connection with Samastipur Cyber P.S. Case No. 26 of 2025.

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Detailed headnote1 paragraphs

Bail — Regular bail granted. High Court of Judicature at Patna (Sunil Dutta Mishra, J), order dated 14-08-2025, in Criminal Miscellaneous No.36558 of 2025 (with Crl. Misc. No. 41420 of 2025): petitioners Md. Atif Husain and Md Sitare Ahmad, in custody since 11.04.2025 in connection with Samastipur Cyber P.S. Case No. 26 of 2025 — alleging that they, with other co-accused, offered to help the informant recover money lost on the hacked gaming app 'Daman' for Rs. 5,00,000/-, attempted to port his mobile number without his knowledge, and altered the password and ID of his Daman Account which was again hacked — booked under Sections 3(5), 111(2), 316(2), 318(4), 61(2), 323, 319(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(C), 66(D) of the I.T. Act, were enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court concerned/Sub Judge V-cum-A.C.J.M. 2nd, Samastipur. Counsel contended false implication, the informant's own involvement in illegal gaming, no money transacted with petitioners, nothing incriminating recovered; charge-sheet already submitted; one petitioner a student with one criminal antecedent (final form submitted), the other with none; undertakings to co-operate in trial and absence of likelihood of tampering or absconding weighed with the Court.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36558 of 2025

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Arising Out of PS. Case No.-26 Year-2025 Thana- Cyber P.S. District- Samastipur

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======================================================

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Md. Atif Husain, Son of Md. Zakir Husain @ Md. Zakir Hussain, Resident of village - Andauli, P.S.- Parihar, District - Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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======================================================

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with

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CRIMINAL MISCELLANEOUS No. 41420 of 2025

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Arising Out of PS. Case No.-26 Year-2025 Thana- Cyber P.S. District- Samastipur

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======================================================

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Md Sitare Ahmad, S/o Abdul Mannan, Resident Of Village- Andauli ward No 13, P.S.- Parihar, Distt- Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 36558 of 2025) For the Petitioner/s : Mr. Nafisu Zzoha, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 41420 of 2025) For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Nityanand, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

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3 14-08-2025

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Heard learned counsel for the petitioners and learned APP for the State.

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The petitioners seek regular bail in connection with Samastipur Cyber P.S. Case No. 26 of 2025 for the offences registered under Sections 3(5), 111(2), 316(2), 318(4), 61(2), 323, 319(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 66(C), 66(D) of the I.T. Act.

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Patna High Court CR. MISC. No.36558 of 2025(3) dt.14-08-2025 2/3

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Allegation against the petitioners is that they along with other co-accused persons told the informant that they will assist the informant to recover the amount from the hacked gaming app Daman against which they asked Rs. 5,00,000/(Rs. Five lacs). Further allegation is that when the informant had given his mobile phone for sometime to the accused persons who tried to port the mobile number to another network without his knowledge and they changed the password and ID of his Daman Account and his account was again hacked.

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Learned counsels for the petitioners submit that petitioners are innocent and have falsely been implicated in this case. The informant was himself involved in the illegal act of gaming and no money has been transacted with the petitioners. Nothing incriminating material recovered from possession of the petitioners. Petitioner Md. Atif Husain, is a student having one criminal antecedent in which the police has already submitted final form and the other petitioner namely Md. Sitare Ahmad has no criminal antecedent. Both the petitioners are in custody since 11.04.2025. Charge-sheet has already been submitted and there is no chance of tampering with the evidence or absconding of the petitioners. They undertake to co-operate in the trial.

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Patna High Court CR. MISC. No.36558 of 2025(3) dt.14-08-2025 3/3

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Learned counsel appearing on behalf of the State

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opposes the prayer for grant of bail to the petitioners.

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Considering the submissions made on behalf of the parties and facts and circumstances of the case, let the petitioners, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned/Sub Judge V -cum-A.C.J.M. 2^nd , Samastipur in connection with Samastipur Cyber P.S. Case No. 26 of 2025.

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(Sunil Dutta Mishra, J)

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khushbu/-

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U T

Md. Atif Husain v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Atif Husain v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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