Patna High Court
Saima KhalidversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner subject to a bail bond and conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S.
Summary
The petitioner, Saima Khalid, was named in an FIR for alleged breach of trust involving a Rs.25 lakh investment made by an informant in her company, Wayfareroworld Advent Pvt. Ltd., which allegedly failed to return the promised amount. The petitioner contended that the dispute was purely civil, arising from the company's financial losses during the Covid‑19 pandemic, and that the company was not named as an accused. The State argued that the case involved offences under Sections 406, 420 and 34 of the IPC and opposed anticipatory bail. The court observed that the matter primarily concerned an investment dispute for which a civil remedy is available and noted the petitioner's clean antecedent. Accordingly, the court granted anticipatory bail, directing the petitioner to surrender within four weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482(2) B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted in a case alleging breach of trust under IPC Sections 406, 420 and 34.
- Whether the dispute is civil in nature and thus more appropriately dealt with by a civil remedy.
- Applicability of Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita for granting bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 34, 406, 420
Subjects
- anticipatory bail
- breach of trust
- investment dispute
- civil remedy
- clean antecedent
- IPC 406
- IPC 420
- CrPC 438
- B.N.S.S 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36772 of 2026
Arising Out of PS. Case No.-418 Year-2025 Thana- PATRAKARNAGAR District- Patna
======================================================
Saima Khalid Daughter of Khalid Ahmad Resident of B/602, H.B. Tower,
AIIMS Road, Phulwarisharif, Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Isshan Siingh, Advocate
For the Opposite Party/s : Mr.Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-06-2026 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 Patrakarnagar P.S.
Case No. 418 of 2025 registered for the offences punishable
under Sections 406, 420 & 34 of the Indian Penal Code.
3. As per FIR, petitioner, who is known to the informant
invested Rs. 25 Lakhs with petitioner and her company known
as M/s Wayfareroworld Advent Pvt. Ltd., duly registered under
Companies Act, 1956, but the promised return of the aforesaid
investment was never paid to the informant and upon several
demands, only Rs. 1.5 Lakhs was returned to her.
4. Mr. Naresh Dikshit, learned counsel appearing on
behalf of the petitioner submitted that in fact the money on
behalf of the informant was invested with M/s Wayfareroworld
Patna High Court CR. MISC. No.36772 of 2026(2) dt.17-06-2026
2/3
Advent Pvt. Ltd., where this petitioner is also one of the
director. It is pointed out that the company was not arrayed as an
accused by the informant in the present case.
5. It is submitted by Mr. Dikshit that against invested
amount of Rs. 25 Lakhs, total share of 3,333 units was allotted
to the informant, each equivalent to Rs. 750/-.
6. It is further argued that during Covid-19, the company
suffered huge loss and, therefore, the company was not in
position to give desired return against investment, which is the
sole reason for lodging this criminal case, which is completely
unoccasioned and unwarranted considering the nature of
dispute, which is purely civil in nature.
7. While concluding argument, it is submitted that
petitioner is a lady of clean antecedent.
8. Learned A.P.P. for the State duly assisted by learned
counsel appearing for the informant, while opposing the prayer
for anticipatory bail of the petitioner, submitted that it is a clear
case of breach of trust as relying upon the promise of the
petitioner out of her old acquaintance informant invested Rs. 25
Lakhs with her company. It is submitted that no balance sheet
showing loss as said to be suffered by the company was ever
given to her being share-holder of the company. However, he
Patna High Court CR. MISC. No.36772 of 2026(2) dt.17-06-2026
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conceded fairly that the company was not arrayed as an accused
through present FIR.
9. In view of the aforesaid factual and legal submissions
and by taking note of the fact as the dispute primarily appears
arising out of investment issues, for which appropriate civil
remedy is available to the informant, coupled with the fact that
petitioner is a lady of clean antecedent, accordingly, above-
named petitioner, 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 Chief Judicial Magistrate, Patna
/concerned court in connection with Patrakarnagar P.S. Case No.
418 of 2025, 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/-
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