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Patna High Court

SYED FAIZ AHMAD @ SYED FAIZversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.37586 of 2026(2) dt.22-06-2026
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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.
Patna High Court CR. MISC. No.37586 of 2026(2) dt.22-06-2026
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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
               Patna High Court CR. MISC. No.37586 of 2026(2) dt.22-06-2026
                                                           4/4




                         Police Station through the learned trial Court.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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