Created by Fuzzy Cloud

Patna High Court

Md. Abrar Ahmad @ Abrar AhmadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that, in the absence of an immediate apprehension of arrest and given the pending notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, anticipatory bail could not be granted at this stage.

Summary

The petitioners, who run Abrar Enterprises, were implicated in a FIR alleging offences under Sections 406, 420, 504, 506 and 34 of the IPC for allegedly failing to pay the informant for a paddy consignment worth Rs. 13.59 crore. The petitioners contend that the dispute is purely civil, that they have already paid Rs. 11 crore, and that the FIR was filed to pressure them into paying the remaining amount. The informant and the State argue that the petitioners misappropriated the grain and forged documents, justifying an anticipatory bail application. The Court noted that a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, had been served and that the petitioners were cooperating with the investigation. Finding no immediate apprehension of arrest, the Court declined to grant anticipatory bail at this stage but allowed the petitioners to approach the Court later if a reasonable apprehension of arrest arises.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail in the present circumstances
  • Whether the FIR discloses a cognizable offence warranting immediate arrest
  • Whether the notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023) negates the need for anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • civil dispute vs criminal case
  • Section 35(3) B.N.S.S.
  • IPC offences
  • notice under B.N.S.S.
  • business transaction dispute
  • non-appearance

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.23940 of 2025
                        Arising Out of PS. Case No.-334 Year-2024 Thana- OBRA District- Aurangabad
                  ======================================================
            1.     Md. Abrar Ahmad @ Abrar Ahmad S/o Late Irfan Ahmad R/o Vill- Farastar
                   Belthara Raod, P.S.- Ubhaon, Dist- Ballia (Uttar Pradesh)
            2.    Most. Shahjadi Ahmad @ Shahjadi W/o Late Irfan Ahmad R/o Vill- Farastar
                  Belthara Raod, P.S.- Ubhaon, Dist- Ballia (Uttar Pradesh)
            3.    Tipu Sultan Haidar Ali R/o Vill- Aundi, P.S.- Ubhaon, Dist- Ballia (Uttar
                  Pradesh)


                                                                                    ... ... Petitioner/s
                                                         Versus

            1.    The State of Bihar
            2.    Chandan Kumar S/o Anil Prasad Gupta R/o Vill- Chapri, P.S.- Obra, Dist-
                  Aurangabad-824124
            2.    Chandan Kumar Anil Prasad Gupta Resident of Village Chapri PS Obra
                  District Aurangabad

                                                                               ... ... Opposite Party/s

                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Rahul Kumar Singh, Advocate
                  For the Informant        :        Mr. Sanjay Kumar Singh, Advocate
                                                    Mr. Binod Kumar Singh, Advocate
                  For the Opposite Party/s :        Mr. Umeshanand Pandit, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                        ORAL ORDER

10   11-02-2026                   Mr. Rahul Kumar Singh, learned counsel for the

                    petitioners appeared through virtual mode.

                                  2. Heard learned Counsel for the petitioners, learned

                    counsel for the Informant and learned Additional Public

                    Prosecutor for the State.

                                  3. This application, for grant of anticipatory bail,

                    arises out of Obra Police Station Case No. 334 of 2024,
Patna High Court CR. MISC. No.23940 of 2025(10) dt.11-02-2026
                                            2/5




          disclosing offences under Sections 406, 420, 504, 506 and

          Section 34 of the Indian Penal Code.

                       4. The prosecution case, as per the First Information

          Report, is that the informant is a proprietor of Balaji Trader, a

          firm dealing in the sale and purchase of grains. On January 15,

          2024, the informant entered into a business deal with Abrar

          Enterprises, in which petitioner no. 1 is the proprietor, petitioner

          no. 2 is the partner and mother of petitioner no. 1 and petitioner

          no. 3 is the employee of the firm. As per the understanding, the

          paddy worth Rs. 13.59 crore was supplied to the firm between

          January 16, 2024 and June 25, 2024. A sum of Rs. 11 crore was

          paid by the petitioners in installments, but a sum of Rs. 2.59

          crore remained unpaid. When the informant attempted to contact

          petitioner no. 1, his mobile was found switched off.

                       5. Learned Counsel for the petitioners submits that

          petitioners have falsely been implicated in this case with oblique

          motive in order to put pressure upon them to pay the sum of Rs.

          2.59 crore. The allegation made in the FIR gives rise to a civil

          dispute and no element of criminality is involved therein. It has

          further been submitted that there is no allegation in the FIR that

          from the very inception, the intention of the petitioners was to

          deceive or cheat the informant. The very fact that out of the total
Patna High Court CR. MISC. No.23940 of 2025(10) dt.11-02-2026
                                            3/5




          amount claimed by the informant, the petitioner's firm has paid

          11 crore goes to show that the intention of the petitioners was

          not to cheat and deceive the informant. A civil dispute has been

          given a colour of criminal case in abuse of the process of the

          court. Referring to the supplementary counter affidavit filed by

          the opposite party no. 2 informant, learned counsel submits that

          the amount referred in the FIR has been changed from 13.59

          crores to 14,71,59,272./-.

                       6. On the other hand, learned counsel for the

          informant vehemently opposed the prayer for anticipatory bail

          and submits that petitioners received the consignment of paddy

          from the informant worth several crores and with an intention to

          deceive and cheat the informant has misappropriated a huge

          amount. On the guarantee of the informant, the farmers of the

          locality made available a huge quantity of paddy for supplying it

          to the petitioners, but the petitioners, after having received

          paddy, paid in installments, failed to pay the further amount.

                       7. Learned counsel for the State argued that the

          petitioners have filed a supplementary affidavit stating therein

          that rice in lieu of paddy was supplied to the informant, but the

          truck by which the rice was allegedly supplied to the informant

          was not found genuine inasmuch as the number of the truck that
Patna High Court CR. MISC. No.23940 of 2025(10) dt.11-02-2026
                                            4/5




          was provided in the supplementary affidavit by the petitioners

          was found fake and forged.

                       8. I have heard learned counsel for the parties and

          gone through the materials on record.

                       9. Upon bare perusal of the FIR, it appears that there

          was a business transaction between petitioners’ firm and the

          informant. The firm was supplied paddy by the informant worth

          several crores of rupees and it is admitted in the FIR itself that a

          sum of approximately Rs. 11 crores has already been paid by the

          petitioners to the informant. It further appears that a notice

          under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita,

          2023, has been served upon the petitioners which has been

          admitted by learned counsel for the petitioners. It has been

          submitted by the petitioners’ counsel that the petitioners are

          ready to abide by the notice issued under Section 35(3) B.N.S.S.

          and shall cooperate, with the investigation.

                       10. Considering the nature of allegations and the fact

          that notice under Section 35(3) of the Bharatiya Nagarik

          Suraksha Sanhita, 2023, has already been served upon the

          petitioners, this Court is of the opinion that, at present, there is

          no immediate apprehension of arrest of the petitioners.

                       11. Accordingly, the present application is disposed
           Patna High Court CR. MISC. No.23940 of 2025(10) dt.11-02-2026
                                                       5/5




                     with liberty to the petitioners to approach this Court for

                     anticipatory bail at the appropriate stage, in the event there

                     arises a reasonable apprehension of their arrest by the police.

                                  12. It is expected that the investigating agency shall

                     proceed strictly in accordance with law and in the light of the

                     principles laid down by the Hon’ble Supreme Court in Satender

                     Kumar Antil v. CBI & Another, reported in (2022) 10 SCC 51,

                     and Arnesh Kumar v. State of Bihar & Another, reported in

                     (2014) 8 SCC 273, as well as the decisions of this Court in

                     Naushad Ansari v. State of Bihar (Criminal Misc. No. 3536 of

                     2024) and Asha Baitha v. State of Bihar (Criminal Misc. No.

                     44659 of 2024).

                                  13. This anticipatory bail application is disposed

                     accordingly.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.