Created by Fuzzy Cloud

Patna High Court

Naushad AhmadversusThe State of Bihar

Decided
Disposal
REJECTED

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

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


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.