Patna High Court
SYED FAIZ AHMAD @ SYED FAIZversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Criminal Procedure Code.
Summary
The petitioner, Syed Faiz Ahmad, applied for anticipatory bail in a case registered under Sections 406, 420, 467 and 468 of the Indian Penal Code, alleging fraud involving a large sum of money invested by an informant. The petitioner contended that the allegations primarily target his partners Najmus and Furhul and that he was falsely implicated, with no specific accusation of receiving any money. The State opposed the bail, arguing the seriousness of the offences. The Court examined whether the allegations were sufficient to deny bail and considered the petitioner’s willingness to cooperate with the investigation. Finding that the case against the petitioner was general and that he was unlikely to abscond, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Criminal Procedure Code. The order also empowered the trial court to cancel bail if the petitioner fails to cooperate.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case involving offences under Sections 406, 420, 467 and 468 IPC.
- Whether the allegations against the petitioner are specific enough to deny bail.
- Whether the petitioner is likely to abscond or tamper with evidence.
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 406, 420, 467, 468
Subjects
- anticipatory bail
- Indian Penal Code
- Section 406
- Section 420
- Section 467
- Section 468
- Criminal Procedure Code
- Section 482
- false implication
- fraud
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37586 of 2026
Arising Out of PS. Case No.-483 Year-2023 Thana- LAHERIYASARAI District- Darbhanga
======================================================
Syed Faiz Ahmad @ Syed Faiz S/O- Syed Faiyaz R/V- Faizullah Khan
Lalbagh Ps- Laheriya Sarai Dist- Darbhanga
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Anita Kumari
For the Opposite Party/s : Mr.Sunil Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-06-2026 1. Heard learned counsel for the petitioner Ms. Anita
Kumari and learned APP for the State Mr. Sunil Kumar Pandey.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 406, 420, 467 and 468 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases and the informant
alleges that Najmus and Furhul both brothers were his tenant.
Further Najmus disclosed that he along with his named partners
supply medicines to DMCH after obtaining tender and distribute
the profit among themselves based on money contributed.
Further, Najmus introduced him to his partners including the
petitioner (maternal uncle of Najmus) and even showed tender
papers of DMCH. Further, the informant on various dates gave
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an amount of Rs.6,20,000/- to Najmus and by way of security
also gave signed blanked cheque along with signed on stamp
paper of Rs.1000/-. Further, in total the informant invested an
amount of Rs.12,74,700/- and in February, 2023, an amount of
Rs.1,50,000/- was paid to him in name of his share as profit
earned and thereafter accused persons fled with his invested
money.
4. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegations as alleged in the FIR, it would be manifest that thrust
of the allegation is against Najmus and Farhul. It is further
submitted that as far as petitioner is concerned, he came to be
implicated with an allegation that Najmus introduced him to the
informant stating that he is his partner as well as his maternal
uncle. It is also submitted that from perusal of the allegations as
alleged in the FIR, it would manifest that informant does not
allege that any amount was given to the petitioner. It is also
submitted that allegation against the petitioner is general and
omnibus in nature and if privilege of anticipatory bail is granted,
the petitioner will not abscond rather will cooperate in the
investigation to prove his innocence.
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5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on bail
on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
pending/successor Court in connection with Laheriyasarai P. S.
Case No.483 of 2023, subject to the conditions laid down under
Section 482(2) of the B.N.S.S. one of the bailors of the
petitioner shall be his father Syed Faiyaz Alam.
7. The application stands allowed.
8. However, it is made clear that in the event, if any
application is filed by the Investigating Officer before the
learned trial Court bringing to its notice that petitioner, despite
giving assurance to this Court, is not cooperating in the
investigation or is not presenting himself as and when required,
the learned trial Court shall be at liberty to cancel the bail bonds
of the petitioner after recording reasons.
9. Let a copy of this order be sent to the concerned
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Police Station through the learned trial Court.
(Satyavrat Verma, J)
vikash/-
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