Patna High Court
Naushad AhmadversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The petition for bail is dismissed as no fresh ground for release is shown.
Summary
The petitioner, Naushad Ahmad, is in custody for alleged offences under Sections 406, 467, 468, 471, 420/34 and 120(B) of the Indian Penal Code relating to a fraudulent Hajj and Umra tour scheme. The FIR alleges that the petitioner, along with co‑accused, misrepresented themselves as reliable tour operators, induced the informant to pay for services, and subsequently absconded. The petitioner sought bail, but the High Court noted that his earlier bail application had been rejected in Criminal Miscellaneous No. 10722 of 2025 and that no fresh ground for bail had been shown. Consequently, the Court declined to entertain the fresh bail prayer, directing the petitioner to approach the trial court after completing two years of custody. The order reaffirms the principle that bail may not be granted where the applicant remains in custody without new material to justify release.
Issues considered
- Whether the petitioner is entitled to bail despite the earlier rejection of his bail application.
- Whether any fresh ground exists to justify reconsideration of bail.
Legislation cited
- Indian Penal Code — s. 120B, 34, 406, 420, 467, 468, 471
Subjects
- bail
- criminal procedure
- fraud
- Hajj scam
- IPC sections
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2976 of 2026
Arising Out of PS. Case No.-373 Year-2015 Thana- BARAUNI District- Begusarai
======================================================
Naushad Ahmad, aged about 45 years, Male Son of Late Faizal Imam
Resident of Village -Ganpat Tower, Rahar Gadda Dhariya, Flat No 03/A,
Bhawandaha Jharkhand at Present Resides at Harun Nagar, P.S.- Phulwari
Sharif, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mohammad Abu Shajar, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is in custody in a case registered for
the offence punishable under Sections 406, 467, 468, 471,
420/34 and 120(B) of the Indian Penal Code.
3. As per allegation in the FIR, informant and his
wife, intended to perform Hajj and when Syed Irshad Ahmad
and others co-accused contacted him Syed Irshad Ahmad
claimed that he arranges reliable Hajj and Umra tours saying
that he is providing good services for Hajj and Umra and when
the informant went to their office, they avoided the informant
and absconded from their office. The informant further alleged
that they had cheated many others in a similar way.
4. Earlier the prayer for bail of this petitioner was
Patna High Court CR. MISC. No.2976 of 2026(2) dt.30-01-2026
2/2
rejected by this Court passed in Cr. Misc. No. 10722 of 2025
vide order dated 12.05.2025 and there is no fresh ground to
reconsider the prayer for bail of the petitioner. Petitioner is in
custody since 07.05.2024.
5. Accordingly, the prayer for bail of the petitioner is
again rejected.
6. The petitioner may renew his prayer for bail before
the Trial Court after completion of two years in custody.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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