Patna High Court
Md. Perwez @ Md. ParwezversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail may be granted in fraud cases where the petitioner has a clean antecedent and offers cooperation, subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Md. Perwez, was implicated in a 2019 recruitment fraud case involving alleged cheating in a police and fire service driver exam, with charges under IPC sections 419, 420, 467, 468 and 471. He claimed a clean record, ignorance of the case until 2025, and argued that arrest would jeopardize his studies and expose him to hardened criminals. The State opposed his request for anticipatory bail. The High Court, after considering his cooperation and clean antecedent, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and compliance with conditions under Section 482(2) of the BNSS, with his father as one bailor. The order also allowed the trial court to cancel bail if he failed to cooperate with the investigation. The bail was ordered to be effective for six weeks from the date of the order.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused of offences under Sections 419, 420, 467, 468 and 471 IPC in a recruitment fraud case.
- Whether the petitioner is likely to abscond or tamper with evidence, justifying denial of anticipatory bail.
- Whether conditions under Section 482(2) of the BNSS can be imposed on the anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Indian Penal Code — s. 419, 420, 467, 468, 471
Subjects
- anticipatory bail
- recruitment fraud
- IPC sections 419, 420, 467, 468, 471
- high court order
- bail conditions
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17032 of 2026
Arising Out of PS. Case No.-28 Year-2019 Thana- AIRPORT District- Patna
======================================================
Md. Perwez @ Md. Parwez S/O Mukhtar Hussain @ Mokhtar Ansari R/O
Vill.- Ward No 2, Nasriganj, P.S.- Nasriganj, Dist.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Singh
For the Opposite Party/s : Mr.Parmeshwar Mehta
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 419, 420,
467, 468, 471 of the IPC.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that in the exam conducted in pursuance of an
advertisement No. 1 of 2018, which was issued for appointment
of Constable Driver in the Bihar Police and Fire Brigade Driver
in the Fire Service, it would found that 12 candidates had
resorted to fraud by using other persons in the written
examination, physical efficiency test and driving efficiency test.
4. Learned counsel for the petitioner submits that
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petitioner has been falsely implicated in the instant case. It is
next submitted that case is the year 2019 and petitioner had
absolutely no knowledge that he was also implicated in the
instant case and it was only when police came knocking his
doors in August 2025 that petitioner came to know about his
implication. It is also submitted that petitioner is a student and if
he is sent to judicial custody, his entire career would get
jeopardized and chances are bright that he may come in contact
with hardened criminals. It is next submitted that if privilege of
anticipatory bail is granted to the petitioner, the petitioner will
not abscond rather will co-operate in the investigation to prove
his innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the fact
that petitioner was also a candidate in pursuance of the aforesaid
advertisement, the petitioner above-named, in the event of his
arrest or surrender within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
Patna High Court CR. MISC. No.17032 of 2026(2) dt.08-04-2026
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the case is pending/successor court in connection with Hawai
Adda P.S. Case No. 28 of 2019, subject to the conditions as laid
down under Section 482 (2) of the BNSS.
7. One of the bailors of the petitioner shall be his
father, Mukhtar Hussain @ Mokhtar Ansari.
8. However, it is made clear that in the event, if the
Investigating Officer of the case files an application before the
learned trial court bringing to its notice that the petitioner,
despite giving assurance to this Court, is not cooperating in the
investigation, in that event, the learned trial court shall be at
liberty to cancel the bail bonds of the petitioner after recording
reasons.
(Satyavrat Verma, J)
Sumit/-
U T
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