Patna High Court

Md. Mahboob AlamversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The Court grants anticipatory bail to the petitioner, subject to conditions of bail bond, sureties, and installment payments.

Summary

The petitioner, Md Mahboob Alam, was implicated in a complaint (No. 575C of 2020) alleging cheating under Sections 420 and 504 of the IPC for receiving advance payments of Rs.1,11,000 and Rs.2,43,000 without executing the sale deed. The informant further claimed an additional cash payment of Rs.5 lakh, with the agreement showing the amounts received. The petitioner offered to refund the admitted sum of Rs.3,54,000 in six equal monthly installments and sought anticipatory bail to avoid arrest. The Court, after considering the facts, granted provisional anticipatory bail under Section 438(2) of the Cr.P.C., subject to a bail bond of Rs.10,000, two sureties, and a schedule of installment payments. The bail bond will be confirmed only after the final installment is paid, and the petitioner must deposit the first installment at the time of furnishing the bond.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in a case involving alleged cheating under Sections 420 and 504 of the IPC.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 420, 504

Subjects

anticipatory bail
cheating
IPC 420
IPC 504
bail bond
installment payment
Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45988 of 2025
                  Arising Out of PS. Case No.-575 Year-2020 Thana- COMPLAINT CASE District- Supaul
                 ======================================================
                 Md. Mahboob Alam S/o- Shaukat Ali Resident of village- Chainsing Patti PS-
                 Supaul District- Supaul
                                                                         ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar Bihar
           2.     Md. Zafir Alam S/o- Md. Mustaffa Village- Pathara South W.No-1, Ps- Pipra
                  Dist- Supaul
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Mohit Shriwastava, Adv.
                 For the State           :       Mr.Sunil Kumar Pandey, APP
                 For the Informant       :       Mr.Kuldeep Kumar, Adv.
                                                 Mr.Jitendra Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   11-02-2026                          Heard learned counsel for the petitioner as well as

                   learned APP for the State.

                                 2. The petitioner apprehends his arrest in connection with

                   Complaint Case No. 575C of 2020, registered for the offences

                   punishable under Sections 420 and 504 of the IPC.

                                 3. As per the allegation, the petitioner received an advance

                   payment of Rs. 1,11,000/- and further received Rs. 2,43,000/-, but

                   has not executed the sale deed till date.

                                 4. By showing the receipt of agreement to sale of Rs.

                   2,43,000/-, signed by the petitioner, learned counsel for the informant

                   has submitted that he has also paid Rs. 5 lakhs in cash and the

                   agreement deed shows that the in addition to that amount, the

                   petitioner has received Rs. 1,11,000/-.
           Patna High Court CR. MISC. No.45988 of 2025(5) dt.11-02-2026
                                                       2/2




                                  5. The recitals of agreement sale shows that Rs. 1,11,000/-

                     was received by the petitioner on the date of execution of the

                     agreement to sale deed dated 15.12.2018 and later on, the petitioner

                     has also received Rs. 2,43,000/- on 25.12.2018.

                                  6. The learned counsel for the petitioner submits that the

                     petitioner is ready to refund the admitted amount i.e. Rs. 3,54,000/-

                     in six equal monthly installments.

                                  7.    Considering       the    above-mentioned   facts   and

                     circumstances, let the petitioner, in the event of his arrest or

                     surrender within four weeks before the learned court below, be

                     released on provisional anticipatory bail on furnishing bail bond of

                     Rs. 10,000/- (Ten Thousand) with two sureties of the like amount

                     each to the satisfaction of learned Sub Divisional Judicial Magistrate,

                     Supaul in connection with Complaint Case No. 575C of 2020,

                     subject to the conditions as laid down under Section 438(2) Cr.P.C.

                                  8. The petitioner shall deposit the first installment at the

                     time of furnishing the bail bond and rest amount shall be paid in five

                     equal monthly installments.

                                  9. The bail bond of the petitioner shall be confirmed after

                     payment of final installment by the court below itself.


                                          (Nawneet Kumar Pandey, J)

kundan/-
U      T

Continue reading with your account

Checking your session…