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Patna High Court

Aquib Hashmi @ Akib HashmiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the cheating allegation was not prima facie convincing and granted bail to the petitioner.

Summary

Aquib Hashmi was arrested in connection with a case alleging that he cheated the informant's daughter of gold jewellery worth Rs.15 lakh, under Sections 316(2), 318(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The petitioner contended that the relationship was consensual, the jewellery was deposited with Muthoot Finance with the daughter's consent, and the FIR was filed to obstruct their relationship, noting inconsistencies in the informant's statements. The State, represented by the Additional Public Prosecutor, argued that the cheating allegation was specific to the petitioner, though no complaint was filed by the alleged victim. The court examined the prima facie weakness of the cheating allegation and the petitioner’s involvement in another case, and consequently ordered his release on bail. Bail was granted upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Issues considered

  • Whether the allegations of cheating under the Bhartiya Nyaya Sanhita constitute a prima facie case justifying denial of bail
  • Whether the petitioner is entitled to bail under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita

Legislation cited

Subjects

  • bail
  • cheating
  • gold jewellery
  • false case
  • Bhartiya Nyaya Sanhita
  • Section 438 CrPC
  • Section 482 BNSS
  • criminal procedure
  • fraud

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10820 of 2026
                    Arising Out of PS. Case No.-448 Year-2025 Thana- MUZAFFARPUR TOWN District-
                                                       Muzaffarpur
                 ======================================================
                 Aquib Hashmi @ Akib Hashmi, S/o Md. Hashmi @ Md. Hashim, R/o
                 Chandwara Azad Road, Darji Tola, P.S.- Town, Distt.- Muzaffarpur
                                                                              ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                       ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Ritwik Thakur, Advocate
                                                 Mrs.Vaishnavi Singh, Advocate
                 For the State          :        Mr. Manoj Kumar, APP
                 For the Informant      :        Mr. Jharkhandi Upadhyay, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State duly assisted by

                   learned counsel appearing for informant.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Muzaffarpur Town

                   P.S. Case No.448 of 2025 registered under Sections 316(2),

                   and 318(4) read with 3(5) of the Bhartiya Nyaya Sanhita,

                   2023 (in short ‘B.N.S.’).

                                3. Allegation against petitioner is to cheat the

                   daughter of informant the gold jewellery worth of Rs.15 lakhs

                   after developing friendship with her.

                                4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.10820 of 2026(2) dt.24-02-2026
                                            2/4




          petitioner that the daughter of informant was in love with this

          petitioner and as the affair could not approved by the parents,

          the present false case was lodged. It is submitted that in fact

          the gold jewelleries in issue was taken by the daughter of

          informant herself, which under her consent was deposited

          with M/s. Muthoot Finance. It is submitted that later on during

          investigation, the daughter of informant communicated to the

          SHO, Katra Police Station, Muzaffarpur that petitioner is her

          husband and he has been falsely implicated with present case

          and the statement to that effect was also filed before the

          court of CJM, Muzaffarpur. Arguing further, it is submitted

          that the vagueness of allegation can be gathered safely, as

          while concluding the FIR, the informant said that the gold,

          which alleged to be taken away by her daughter was worth of

          Rs.80-90 lakhs and this variation in statement prima facie

          suggest that it was lodged with oblique motive primarily as

          informant was not willing to approve the relationship, as

          submitted aforesaid. It is submitted that petitioner found

          involved in one more criminal case, which was lodged by the

          husband of informant regarding kidnapping of his daughter
Patna High Court CR. MISC. No.10820 of 2026(2) dt.24-02-2026
                                            3/4




          Halima Fatima, who claimed herself as wife of this petitioner.

                       5. Learned APP duly assisted by Mr. Jharkhandi

          Upadhyay, learned counsel appearing for the informant while

          opposing the prayer of bail submitted that the allegation is

          specifically available against this petitioner, who cheated the

          daughter of informant but fairly conceded that no complaint in

          this regard was made by the victim, who is the daughter of

          informant.

                       6. In view of aforesaid factual submissions and by

          taking note of overall nature of accusation, where allegation

          of cheating prima facie not appears convincing, coupled with

          the fact that petitioner appears in litigating terms with

          husband of informant, as mentioned aforesaid, accordingly,

          the petitioner, above-named, in the event of his arrest or

          surrender in the court below within a period of four weeks

          from today, is directed to be released on bail on furnishing

          bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the

          learned Chief Judicial Magistrate, Muzaffarpur in connection

          with Muzaffarpur Town P.S. Case No.448 of 2025, subject to
            Patna High Court CR. MISC. No.10820 of 2026(2) dt.24-02-2026
                                                        4/4




                      the conditions as laid down under Section 438(2) of the Code

                      of Criminal Procedure (in short ‘CrPC’)/under Section 482(2)

                      of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short

                      ‘BNSS’).


                                                     (Chandra Shekhar Jha, J.)
    Sanjeet/-

U       T


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