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Patna High Court

Anwar @ Alam AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail, subject to monetary bond and procedural conditions, despite the pending charges.

Summary

Anwar @ Alam Ansari was arrested in connection with a complaint that he received Rs. 20 lakh from an informant promising to double the money by magic and then disappeared. The FIR was lodged a month after the alleged incident, and no material was recovered from the petitioner’s possession, with the recovery occurring at the house of a third party, Gopal Kumar. The petitioner applied for bail, arguing that the delayed FIR indicated a false implication and that the evidence against him was weak. The State opposed bail, citing the petitioner’s multiple criminal antecedents and the seriousness of the offences under Sections 318(2), (3) and (4) of the Bihar Negotiable Instruments Act. The court, noting the lack of direct recovery from the petitioner and the delay in filing the FIR, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, and verification of antecedents.

Issues considered

  • Whether the petitioner is entitled to bail despite charges under Sections 318(2), 318(3) and 318(4) of the Bihar Negotiable Instruments Act.
  • Whether the delay in filing the FIR and the absence of recovered material from the petitioner justify granting bail.
  • Whether the petitioner’s alleged criminal antecedents preclude bail.

Legislation cited

Subjects

  • bail
  • delay in FIR
  • criminal antecedent
  • Section 318
  • magic money scam
  • evidence recovery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12891 of 2026
                      Arising Out of PS. Case No.-230 Year-2025 Thana- PARBATTA District- Khagaria
                 ======================================================
                 Anwar @ Alam Ansari S/o- Lukman Ansari @ Lokman Ansari R/v-
                 Maraghiya Ps- Barari District- Katihar

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Samrendra Kumar Jha, Advocate
                                          :        Kumar Abhishek, Advocate
                 For the Opposite Party/s :        Mr. Anil Kumar, A.P.P.
                 For the Informant        :        Mr. Pranav Kumar Jha, Advocate
                                          :        Mr. Amitabh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   29-04-2026                      Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks bail who is in custody since

                   21.11.2025 in connection with Parbatta P.S. Case No. 230 of

                   2025 for the offences punishable under Section 318(2), 318(3),

                   318(4) of the BNS.

                                3. The case of the prosecution, in brief, is that one

                   Ankesh Kumar in his written report addressed to SHO, Parbatta

                   alleged that his friend namely Gopal Kumar brought a person at

                   his residence who disclosed his name Anwar, claimed that he

                   can double the money by magic. It is further alleged by

                   informant that on 23.05.2025 Anwar came at his residence and
Patna High Court CR. MISC. No.12891 of 2026(3) dt.29-04-2026
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          he gave Rs. 20,00,000-/ to Anwar. It is further alleged that

          Anwar told informant to come with a candle and when

          informant went to get a candle Anwar changed the bundle of

          cash and further left one bundle of cash in room and asked

          informant that he would come back after a while but he did not

          returned despite repeated call.

                      4. Learned counsel for the petitioner submits that from

          bare perusal of the FIR it appears that the present case is a very

          unique case although the petitioner is named in the FIR. It is

          next submitted that from bare perusal of the FIR it appears that

          the date of occurrence as alleged in the FIR is 23.05.2025 but

          the present FIR has been instituted on 20.06.2025 i.e., after a

          delay of about one month which suggests that it is an after

          thought FIR instituted so as to implicate the petitioner falsely. It

          is next submitted that nothing has been recovered from the

          house of the petitioner rather the recovery has been made from

          the house of one Gopal Kumar who is happened to be the friend

          of the informant who has introduced the petitioner with the

          informant. It is next submitted that police after investigation has

          submitted charge-sheet and charge has been framed against the

          petitioner on 11.03.2026 which suggests that the investigation

          stands concluded and the petitioner is in custody since
Patna High Court CR. MISC. No.12891 of 2026(3) dt.29-04-2026
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          21.11.2025.

                      5. The learned Additional Public Prosecutor for the

          State and learned counsel for the informant have vehemently

          opposed the prayer for bail of the petitioner and submits that

          although the petitioner has mentioned his one criminal

          antecedent but, in fact, the petitioner has antecedent of more

          than one case other than the case mentioned in paragraph-3 of

          the bail petition.

                       6. Considering the aforesaid facts and circumstances

          and that nothing has been recovered from the conscious

          possession of the petitioner rather the recovery has been made

          from the house of one Gopal Kumar who is happened to be the

          friend of the informant and police after investigation has

          submitted charge-sheet and charge has been framed against the

          petitioner on 11.03.2026, let the petitioner, above named, be

          released on bail 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-

          I, Khagaria in connection with in connection with Parbatta P.S.

          Case No. 230 of 2025, subject to 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
           Patna High Court CR. MISC. No.12891 of 2026(3) dt.29-04-2026
                                                       4/4




                     and shall remain physically present as directed by the court and

                     on his absence on two consecutive dates without sufficient

                     reason, his 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.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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