Patna High Court
Akbar AbbasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to the stipulated conditions.
Summary
The petitioners, Akbar Abbas and Khalid Abbas, were accused of cheating the informant of Rs 5 lakhs in connection with an alleged arms‑license scam, invoking Sections 318(4), 316(2) and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioners received Rs 3 lakhs, collected an additional Rs 2 lakhs in cash, failed to obtain the licence and threatened the informant when he demanded his money back. The petitioners contended that they had repaid Rs 2.43 lakhs via bank transfers and further cash payments, and were willing to pay the remaining Rs 57,000, asserting their innocence and clean antecedents. The court examined whether there was a prima facie case justifying arrest and whether anticipatory bail was appropriate. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, the court granted anticipatory bail subject to a cash deposit of Rs 57,000 and other bail‑bond conditions.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in view of the alleged offences under the Bharatiya Nyaya Sanhita.
- Whether the prosecution has established a prima facie case warranting arrest.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 316(2), 318(4), 3(5)
Subjects
- anticipatory bail
- cheating
- arms license
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4526 of 2026
Arising Out of PS. Case No.-296 Year-2025 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
1. Akbar Abbas Son of Mahkqul Abbas R/O Village - Saraiya, Ward No. 1,
P.S.- Gopalganj Town, Dist.- Gopalganj.
2. Khalid Abbas @ Khalida Abbas Son of Mahkqul Abbas R/O- Saraiya, Ward
No. 1, P.S.- Gopalganj Town, Dist. - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Dr. Indiwar Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 06-04-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 318(4), 316(2), 3(5) of
the Bharatiya Nyaya Sanhita.
3. Prosecution case, in brief, is that informant along
with his friend Ranjan Kumar, transferred Rs. 3 lacs in the
account of petitioner no. 1 for obtaining an arms license and
thereafter, these petitioners took additional Rs. 2 lacs in cash for
the process. It is alleged that even after six months, these
petitioners did not provide any license to the informant and
when he demanded his money back, these petitioners refused to
Patna High Court CR. MISC. No.4526 of 2026(4) dt.06-04-2026
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provide the same and threatened to kill him.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. As a
matter of fact, Rs. 3 lacs were transferred in the account of
petitioner no. 1 out of which Rs. 2,43,000/- have already been
paid to the informant through bank transfers on different dates,
all of which are duly reflected in the bank statement of
petitioner no. 1 (Annexure-P/3). He further submits that apart
from the repayments made through bank transfers, petitioners
have also paid Rs. 24,000/- and Rs. 36,000/- on 6.10.2024 and
08.10.2024 respectively, in cash to the informant and they are
ready to pay rest of the amount of Rs. 57,000/- to the informant.
Petitioners claim clean antecedent.
5. Considering the aforesaid contention made on
behalf of the petitioners, this anticipatory bail is allowed and it
is ordered that let the above named petitioners in the event of
their arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, Gopalganj in connection with Gopalganj Town P. S.
Case No. 296 of 2025, subject to conditions as laid down under
Patna High Court CR. MISC. No.4526 of 2026(4) dt.06-04-2026
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Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita with
direction to the petitioners that :-
(i) Petitioners shall deposit Rs. 57,000/- (Rs. Fifty
Seven Thousand) through Bank Draft in the Nazarat of the court
concerned and produce its receipt at the time of furnishing bail-
bond, failing which, the learned court below shall be at liberty
to cancel the bail-bond.
(Prabhat Kumar Singh, J)
Navya/-
U T
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