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Patna High Court

Md. MushiruddinversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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
                                            3/4




                       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.
            Patna High Court CR. MISC. No.41631 of 2026(2) dt.01-07-2026
                                                        4/4




                                                                  (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/-

U       T


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