Patna High Court
Md. Manzrul Hussain @ Manzarul HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Md. Manzrul Hussain, was implicated in a case under Sections 406, 420, 467 and 468 of the IPC for allegedly cheating an informant of Rs.1,06,000 by promising a railway government job. He contended that he was falsely implicated and, while denying guilt, expressed willingness to deposit the disputed amount if bail were granted. The petitioner applied for anticipatory bail under Section 438 of the CrPC. The Court, without examining the merits, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and a condition that the full disputed sum be deposited in the civil court. The order also stipulated that failure to comply could lead to cancellation of the bail bond. The bail was to be effective for six weeks from the date of the order.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC in a case involving alleged cheating under IPC Sections 406, 420, 467 and 468
- Whether the Court may impose conditions such as deposit of the disputed amount and surety bonds while granting anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 406, 420, 467, 468
Subjects
- anticipatory bail
- cheating
- IPC
- CrPC
- bail conditions
- fraud
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3342 of 2026
Arising Out of PS. Case No.-125 Year-2020 Thana- ARARIA District- Araria
======================================================
Md. Manzrul Hussain @ Manzarul Hussain S/O Late Md Nasiruddin
Resident of Village- Chapi Tola, Manullahpatti, Police Station- Bhargama,
District- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 02-02-2026 Heard learned counsels for the parties.
2. The petitioner apprehends her arrest in a case
registered for the offence punishable under Sections 406, 420,
467 and 468 of IPC .
3 . As per F.I.R. this petitioner on the pretext of
providing government job in Railway , fraudulently took Rs.
1,06,000/- from informant on different dates, in his account and
also in the account of other co-accused persons.
Patna High Court CR. MISC. No.3342 of 2026(2) dt.02-02-2026
2/3
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
falsely been implicated in this case . However, at this stage,
without admitting his guilt and while denying the case, the
petitioner is ready to deposit the disputed sum of Rs. 1,06,000/-
(one lakh six thousand) at the time of furnishing bail bonds.
5 . Considering the aforesaid facts and circumstances,
prayer for grant of anticipatory bail to the petitioner is allowed.
6. Accordingly, in the event of arrest/surrender within
a period of six weeks from today, let the above named petitioner
be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate Araria in
connection with Araria P S Case No. 125 of 2020, subject to
condition as laid down under Section 438(2) of the Code of
Criminal Procedure, along with the following terms and
conditions:
A. At the time of furnishing bail-bond Rs.
1,06,000/- (one lakh six thousand) shall be
deposited through cash in the Nazarat of the
Civil Court, Araria .
B. The aforesaid payment shall be subject to
the final outcome of the case.
C . If petitioner fails to comply the aforesaid
direction of this Court, the Court below is
free to cancel the bail-bond of the petitioner.
Patna High Court CR. MISC. No.3342 of 2026(2) dt.02-02-2026
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7. It is made clear that without going into the merit
of the case, the aforesaid order has been passed only for the
purpose of grant of bail.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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