Patna High Court
Md Aminul Hassan @ Md AminulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Md Aminul Hassan, was named in an FIR for alleged cheating and criminal breach of trust under Sections 406 and 420 of the IPC, accused of taking an advance of Rs. 7.98 lakh for a sale deed that was never executed. He contended that the property is in his father's name, he is a research scholar, and the agreement forming the basis of the charge was not signed by him, only by the informant. The court noted that the police report indicated his signature appeared only on a compromise document and that the underlying dispute appears to be civil, with a title suit already pending. The State could not refute the claim that the agreement was not signed by the petitioner. Considering the civil nature of the dispute and lack of prima facie evidence of his participation, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to surrender within four weeks and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether bail should be granted in a case of alleged cheating and criminal breach of trust when the agreement alleged to be the basis of the offence is not signed by the accused.
- Whether the civil nature of the underlying property dispute precludes continuation of criminal proceedings without bail.
Legislation cited
- Bihar Negotiable Settlement Scheme (BNSS) — s. 482
- Indian Penal Code — s. 406, 420
Subjects
- bail
- cheating
- criminal breach of trust
- IPC
- Section 482
- BNSS
- civil dispute
- property sale
- agreement signature
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33821 of 2025
Arising Out of PS. Case No.-135 Year-2024 Thana- KATIHAR NAGAR District- Katihar
======================================================
Md Aminul Hassan @ Md Aminul S/O Md Rafiqul Hassan Resident of
Bhikhanpur Hatia Chowk, P.S.- Bhagalpur, Dist.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rabindra Prasad Singh
For the Opposite Party/s : Mr.Anil Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 05-01-2026 Heard the parties.
2.The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Katihar (N) P.S.
Case No. 135 of 2024 registered for the offences punishable
under Sections 406 and 420 of the IPC
3. The allegation against petitioner is to cheat
informant as not to execute the sale deed in terms of
agreement dated 01.02.2022 after receiving advance of Rs.
7,98,000/- against total considerations of Rs. 12,00,000/-.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that the property in issue is in name of
father of petitioner. It is submitted that petitioner is highly
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qualified person and presently he is a research scholar of IIT,
Mumbai. It is submitted that the agreement which is the basis
of entire allegation, which annexed as P/16 of the present bail
petition is without any signature of this petitioner and it was
only signed by informant. It is pointed that upon verifications
even the police report suggests that petitioner signed only on
compromise when he was called by the police.
5. Arguing further, it is submitted by learned
counsel that primarily the dispute between the parties
appears civil in nature arising out of land dispute for which
title suit bearing no. 211 of 2024 is pending before learned
Sub-Judge, Katihar. While concluding argument, it is
submitted that petitioner is a man of clean antecedent.
6. Learned APP while opposing the prayer of bail
could not disputed the submissions that the agreement in
issue was not signed by this petitioner as submitted aforesaid.
7. In view of aforesaid factual submissions and by
taking note of fact as dispute primarily appears civil in nature
for which title suit is pending before appropriate civil court as
mentioned aforesaid, coupled with the fact that the
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agreement which is the calyx of the present dispute not
appears prima-facie signed by this petitioner (Annexure
P/16), 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, Katihar/concerned Court, where the case is
pending in connection with Katihar (N) P.S. Case No. 135 of
2024, subject to the conditions as laid down under Section
482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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