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Patna High Court

Ali HasanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is appropriate despite the prima‑facie implication, given the petitioner’s clean antecedent and absence of incriminating material.

Summary

Ali Hasan was arrested in connection with a case alleging that he cheated villagers by taking Rs 1500‑2000 to tag their houses with a geo‑tag for the PM Awas Yojana. The FIR, lodged by the Block Development Officer, charged him under Sections 316(2), 318(4), 316(5) and 3(5) of the Bhartiya Nyay Sanhita. The petitioner contended that he was falsely implicated because his wife, a Ward Member, was in a dispute with the village Mukhiya and that no cash was ever recovered from him. The State opposed the grant of anticipatory bail. The Court, noting the petitioner’s clean antecedent and the lack of material linking him to the alleged offence, held that the prima‑facie implication was insufficient to deny bail. Accordingly, the Court ordered anticipatory bail on the condition of a Rs 10,000 bond, two sureties of the same amount, and surrender within four weeks, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the prima‑facie implication in the FIR
  • Whether the petitioner’s clean antecedent and lack of material evidence justify bail under the applicable statutes

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • cheating
  • PM Awas Yojana
  • Bhartiya Nyay Sanhita
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31004 of 2026
                         Arising Out of PS. Case No.-23 Year-2026 Thana- KASBA District- Purnia
                 ======================================================
                 Ali Hasan S/O Late Gulam Rasul R/O Vill.- Kusha Kasba Lakhna, P.S-
                 Kasba, District- Purnia.
                                                                        ... ... Petitioner
                                              Versus
                 The State of Bihar
                                                                 ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajive Ranjan Singh, Advocate
                 For the Opposite Party/s :       Mr.Sunil Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   13-05-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Kasba P.S. Case No.

                   23 of 2026 registered for the offences punishable under Sections

                   316(2), 318(4), 316(5) & 3(5) of the Bhartiya Nyay Sanhita,

                   2023 (in short, the ‘B.N.S.’).

                             3. As per FIR, petitioner alleged to cheat the innocent

                   villagers and taken Rs. 1500-2000/- at the instance of tagging

                   their house with Geo Tag as to get benefit of P.M. Awas Yojana

                   during the survey. The informant is Block Development Officer.

                             4. Learned counsel appearing on behalf of the petitioner

                   submitted that petitioner was implicated only for the reason that

                   his wife is Ward Member as same is apparent from FIR itself. It

                   is pointed out that there is neither any recovery of cash from this
            Patna High Court CR. MISC. No.31004 of 2026(2) dt.13-05-2026
                                                        2/2




                      petitioner nor he was trapped with any cash. It is submitted that

                      as the Ward Member was in dispute with Mukhiya of the

                      village, petitioner being husband was falsely implicated with the

                      present crime in question without having any connecting

                      material. Petitioner is a man of clean antecedent.

                               5. Learned A.P.P. for the State opposes the prayer of

                      anticipatory bail of the petitioner.

                               6. In view of the aforesaid factual submissions and by

                      taking note of the fact as implication of petitioner prima facie

                      appears being husband of the Ward Member as per FIR itself,

                      accordingly, above-named petitioner, who is a man of clean

                      antecedent, in the event of his arrest/surrender within a period of

                      four weeks from this order, is directed to be enlarged on bail on

                      furnishing of bail bond of Rs.10,000/- (ten thousand only) with

                      two sureties of the like amount each to the satisfaction of

                      learned Special Judge, Vigilance–cum–Additional Sessions

                      Judge–II, Bhagalpur/concerned court in connection with Kasba

                      P.S. Case No. 23 of 2026, subject to the conditions as laid down

                      under Section 438(2) of the Cr.P.C/Section 482(2) of the

                      Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).


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

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