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Patna High Court

Latifur RahmanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail should be granted to the petitioner subject to conditions, as the allegations arise from a civil dispute and the petitioner has clean antecedents.

Summary

Latifur Rahman was accused of taking Rs. 2,50,000 in cash and a Rs. 5,00,000 cheque to compromise a pending case, alleged offences being criminal breach of trust, cheating and criminal intimidation under IPC sections 406, 420 and 506. The petitioner contended that the allegations stem from a civil land dispute, that no documentary evidence exists of the alleged receipt of money, and that he has a clean record. The State opposed the petition for anticipatory bail. The Court, considering the civil nature of the dispute, lack of evidence and the petitioner’s clean antecedents, allowed the prayer for anticipatory bail, directing that if arrested within eight weeks he be released on a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged offences under IPC sections 406, 420 and 506.
  • Whether the civil nature of the underlying land dispute negates criminal liability.
  • Whether the absence of documentary evidence justifies the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal breach of trust
  • cheating
  • criminal intimidation
  • civil dispute
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12211 of 2026

                        Arising Out of PS. Case No.-341 Year-2022 Thana- BARARI District- Katihar
                 ======================================================
                 Latifur Rahman S/O Late Imajuddin R/O Balughat, Sukhasan, P.S.- Barari,
                 Distt- Katihar

                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Sanjeev Kumar Singh, Advocate
                 For the State            :        Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 406, 420

                   and 506 of the Indian Penal Code.

                                3. As per prosecution case, allegation against this

                   petitioner is that he took Rs. 2,50,000/- cash and a cheque of Rs.

                   5,00,000/- from the informant in lieu of compromising a case

                   which is pending before the learned Additional Collector,

                   Katihar, later on, refused to do the same.

                                4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.12211 of 2026(2) dt.24-02-2026
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          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. Petitioner has falsely been implicated in

          this case due to admitted land dispute between the parties. There

          is no chit of paper on record in support of the allegation that this

          petitioner ever took Rs. 2,50,000/- cash from the informant.

          Moreover, the dispute is civil in nature and none of the acts,

          allegedly committed by this petitioner, would give rise to any

          criminal offence. Petitioner claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, nature of dispute and clean antecedents of the petitioner,

          the prayer for grant of anticipatory bail to the petitioner is

          allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned A.C.J.M.-I, Katihar in

          connection with Barari (Semapur O.P.) P.S. Case No. 341 of
             Patna High Court CR. MISC. No.12211 of 2026(2) dt.24-02-2026
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                       2022, subject to condition as laid down under Section 482(2) of

                       the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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