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Patna High Court

Mohammad Sagir @ Md. Shageer @ Devid @ PratikversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the FIR does not establish a prima facie case of cheating and, owing to the alleged compromise, bail was granted under Section 482(2) of the CrPC.

Summary

The petitioner, Mohammad Sagir, was named in an FIR (Kuchaikote PS Case No.116 of 2025) alleging cheating of Rs.7,500 while withdrawing cash from an ATM, invoking Sections 303(2), 318(2) and 111(2) of the Bihar Negotiable Instruments Act. The petitioner’s counsel argued that the allegations were vague, did not show any deception or inducement of the informant, and that the matter was already compromised between the parties. The State opposed bail. The court examined the prima‑facie content of the FIR and found that the allegations did not satisfy the essential ingredients of cheating and noted the alleged compromise. Consequently, the court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Criminal Procedure Code. The order was pronounced by Justice Chandra Shekhar Jha.

Issues considered

  • Does the FIR disclose a prima facie case of cheating under Sections 303(2), 318(2) and 111(2) of the Bihar Negotiable Instruments Act?
  • Can bail be granted under Section 482(2) of the Criminal Procedure Code given the nature of the allegations and the alleged compromise between the parties?

Legislation cited

Subjects

  • cheating
  • ATM fraud
  • bail
  • compromise
  • Section 303
  • Section 318
  • Section 111
  • Section 482
  • Criminal Procedure Code
  • Bihar Negotiable Instruments Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29981 of 2026
                   Arising Out of PS. Case No.-116 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
                 Mohammad Sagir @ Md. Shageer @ Devid @ Pratik S/o Mohammad
                 Hasnain R/o Village- Khalpura Kamala, P.S.- Chapra Muffasil, District- Saran
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Raj Krishna Jha, Adv.
                                                 Mr. Sunil Kr. Singh, Adv.
                 For the Opposite Party/s :      Mr. Anil Kr. Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
2   11-05-2026                    Heard the parties.

                                 2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Kuchaikote P.S. Case

                   No. 116 of 2025 registered for the offences punishable under

                   Sections 303(2), 318(2), 111(2) BNS.

                                 3. As per FIR petitioner alleged to cheat informant for

                   sum of Rs. 7,500/- while he was withdrawing the amount from

                   ATM.

                                 4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that the allegation against petitioner is

                   very much general and omnibus in nature and, moreover, the

                   petitioner was alleged to disturb the ATM machine only after

                   leaving the place by informant. It is further urged that there is no

                   any such allegations which may suggest that the informant was

                   induced to deliver any property or was deceived by petitioner. It
            Patna High Court CR. MISC. No.29981 of 2026(2) dt.11-05-2026
                                                        2/2




                      is submitted that petitioner found involved in one more criminal

                      case of different nature where he is on bail. While concluding

                      argument, it is submitted that matter in issue now compromised

                      with informant in terms of Annexure-P/2.

                                   5. Learned APP opposes the prayer of bail.

                                   6. In view of aforesaid factual submission and by

                      taking note of fact as prima-facie allegation is not satisfying the

                      basic ingredients of cheating rather alleging petitioner to disturb

                      the ATM machine only, coupled with the fact that issue also

                      appears compromised between the parties, accordingly petitioner

                      above-named, in the event of his arrest or surrender before the

                      court below within a period of four weeks, is directed to be

                      released on bail, furnishing bail bond of Rs. 10,000/- (Rupees

                      Ten Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned CJM, Gopalganj/concerned Court,

                      where the case is pending in connection with Kuchaikote P.S.

                      Case No. 116 of 2025, subject to the conditions as laid down

                      under Section 482(2) of BNSS.



                                                              (Chandra Shekhar Jha, J)
Sudha/-
U       T


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