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Patna High Court

Jainul Abedin @ Junail Abedin @ JunailversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                      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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