Patna High Court
Md. MushiruddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail is granted to the petitioner subject to the conditions specified under Section 438(2) of the Cr.P.C.
Summary
The petitioner, Md. Mushiruddin, sought anticipatory bail in connection with a 2022 complaint alleging fraud of Rs 5 crore through forged documents, invoking IPC sections 406, 409, 420, 465, 467, 468, 471 and 120(B). He contended that he was falsely implicated, had lodged an earlier complaint against the complainant, and maintained a clean record as a government teacher. The State opposed the bail, arguing the seriousness of the offences. The Court, after hearing both sides, granted anticipatory bail subject to conditions under Section 438(2) of the Cr.P.C., including a modest bond, sureties, personal appearance, and compliance with investigation requirements. The order emphasized that any breach of conditions could lead to cancellation of bail, and that the observations would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) Cr.P.C. in view of the alleged offences under the IPC.
- Whether the petitioner’s claim of false implication and clean antecedent warrants bail despite the seriousness of the charges.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 120B, 406, 409, 420, 465, 467, 468, 471
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Indian Penal Code offences
- fraud
- forgery
- criminal breach of trust
- government teacher
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41631 of 2026
Arising Out of PS. Case No.-1536 Year-2022 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
Md. Mushiruddin S/O Md. Jahiruddin R/O Vill.- Rahmani Manzil, Naya Gav,
P.S.- Kotwali, Dist.- Munger.
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Dr. Jakir Hussain S/O Late Aash Muhammad Ansari R/O Mathlauhiyar Tola,
Banddihuli, P.S.- Harsiddhi, Dist.- East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pathak, Advocate
Mr. Surya Narayan Sah, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in connection with Complaint Case No. 1536 of 2022 instituted
for the offences punishable under Sections 406, 409, 420, 465,
467, 468, 471 and 120(B) of the Indian Penal Code.
3. As per the prosecution case, allegation against the
Patna High Court CR. MISC. No.41631 of 2026(2) dt.01-07-2026
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petitioner is that he along with other accused persons have
fraudulently taken Rs. 5 Crore by creating forged documents on
the pretext that they run a permanent Madarsa.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated along with
other accused persons with an ulterior motive. It has further
been submitted that, in fact, it was the petitioner, who had
lodged a Complaint Case No. 328(C) of 2018 against the
complainant though under Section 406 and Section 138 of the
Negotiable Instrument Act and it is only to settle the personal
score this false and concocted case has been lodged against the
petitioner. It has further been submitted that there is no specific
allegation of inducing or cheating upon the petitioner rather all
the accused persons have been made accused with general and
omnibus allegations. It has next been submitted that two
similarly situated accused persons have been granted bail by a
co-ordinate Bench of this Court and the order of the same has
been brought on record by way of Annexure-P/3 series. It has
lastly been submitted that the petitioner happens to be a
Government Teacher and carries clean antecedent.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail.
Patna High Court CR. MISC. No.41631 of 2026(2) dt.01-07-2026
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6. Considering the facts aforesaid, the petitioner is
directed to be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, on
his furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, East
Champaran, Motihari in connection with Complaint Case No.
1536 of 2022, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C. and subject to the following
conditions:-
(i) One of the bailors will be a
close relative of the petitioner and the other
shall be a local resident:
(ii) the petitioner will remain
physically present on each and every date
fixed by the Court below, if so required by
the learned Trial Court and shall cooperate in
the investigation;
(iii) in case of absence on two
consecutive dates or in violation of the terms
of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court
concerned;
(iv) the Court below shall verify
the criminal antecedent of the petitioner and
in case at any stage, it is found that the
petitioner has concealed his criminal
antecedent, the court below shall take step
for cancellation of bail bonds of the
petitioner. However, the acceptance of bail
bonds in terms of the above mentioned order
shall not be delayed for purpose of the same
on in the name of verification.
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(v) If the petitioner, in future, is
found to be involved in similar nature of
offence, the prosecution shall be at liberty to
move for cancellation of his bail bonds.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
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