Patna High Court
Mohammad Sagir @ Md. Shageer @ Devid @ PratikversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Negotiable Instruments Act — s. 111(2), 303(2), 318(2)
- Criminal Procedure Code — s. 482(2)
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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