Patna High Court
Jainul Abedin @ Junail Abedin @ JunailversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed the anticipatory bail application, granting bail subject to bond, sureties and conditions under Section 482(2) of the BNSS 2023.
Summary
Petitioner Jainul Abedin sought anticipatory bail fearing arrest in a complaint (Case No. 1536 of 2022) alleging fraud, cheating and forgery under IPC sections 406, 420 and 468. He contended that the complaint was false and retaliatory, stemming from earlier complaints he lodged against the complainant for cheque bounce. The State opposed the bail, arguing the seriousness of the alleged offences. The Court examined the material on record, noted the lack of specific allegation of money transaction and the prior bail granted to a co‑accused, and considered the petitioner's apprehension of arrest. Applying Section 482(2) of the BNSS 2023, the Court granted anticipatory bail subject to a bond of Rs 10,000, two sureties of equal amount, and other conditions, thereby allowing the application.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged offences under IPC sections 406, 420 and 468.
- Whether the petitioner's apprehension of arrest is justified given the claim of a false and retaliatory complaint.
- Whether conditions under Section 482(2) of the BNSS 2023 can be imposed while granting anticipatory bail.
Legislation cited
- Indian Penal Code — s. 406, 420, 468
- Negotiable Instruments Act — s. 138
Subjects
- anticipatory bail
- fraud
- cheating
- forgery
- IPC
- Negotiable Instruments Act
- false complaint
- retaliation
- Section 482
- BNSS 2023
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3328 of 2026
Arising Out of PS. Case No.-1536 Year-2022 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
Jainul Abedin @ Junail Abedin @ Junail Son of Late Gulam Mustafa R/o
Adiwasi Banwasi Seva Kendra Bhabua, Ward No. 8 Chawani Mohaa, PS.-
Bhabua, District- Kaimur at Bhabua.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Md. Jakir Husain @ Jakar Husain Son of Aas Mohamad Ansari Founder
Ayurvedic Medicare and Development Institute Motihari, East Champaran.
At Present Address - Dr. Jakir Husain S/o Late Aas Mohammad Ansari, R/o
Villlage - Banhuduli, P.S. - Harsidhi, P.O. - Mathlohiyar, Dist. - East
Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Pratap Singh, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State .
2. Petitioner apprehends his arrest in connection with
Complaint. Case No. 1536 of 2022 registered for the offences
punishable under Sections 406, 420 and 468 of the Indian Penal
Code .
3 . As per the complaint petition , the complainant
runs Ayurvedie Medicare & Development organization at
Motihari, which works for welfare of the society and provides
education, training and medical assistance to economically
Patna High Court CR. MISC. No.3328 of 2026(2) dt.02-02-2026
2/3
weaker class of minority children of residential Madarasa. The
complainant claims that all the accused persons along with
petitioner have cheated him and fraudulently grabbed Rs.
5,08,00,845 by creating forged documents on the pretext that
they runs permanent Madarasa .
4. Learned senior counsel for the petitioner submits
that petitioner is innocent and due to oblique and ulterior
motive, he has been implicated in this case . As a matter of fact,
prior to this case , petitioner has lodged Complaint Case No.
760 of 2016 and 973 of 2016 against the complainant with
regard to cheque bounce in which learned Court below has
taken cognizance u/s 406 of IPC and 138 of N I Act and in
retaliation , this false and concocted case has been lodged
against this petitioner. There is no specific allegation of
transaction of money and not a single money was paid by the
complainant to the petitioner. The complainant has not stated
that when specific transaction was made in favour of the
petitioner. Similarly situated co-accused namely Md. Zintyaj @
Md. Imteyaz has already been granted bail by Co-ordinate
Bench of this Hon’ble Court vide order dated 07.11.2025 in Cr.
Misc. No. 48684 of 2025 .
5 . Learned APP for the State opposed the prayer for
Patna High Court CR. MISC. No.3328 of 2026(2) dt.02-02-2026
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anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the
case , and also taking into consideration the materials available
on record, the petitioner above named, in the event of his arrest/
surrender within a period of eight weeks from the date of receipt
of this order, be released on anticipatory bail on furnishing bail
bonds of Rs 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of the learned J M 1st Class
Motihari, East Champaran in connection with Complaint.Case
No. 1536 of 2022 , subject to condition as laid down under
Section 482(2) of the BNSS 2023 .
7. Accordingly, the application stands allowed.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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