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Patna High Court

Abdullah Rahman @ SarikversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court rejected the petition for anticipatory bail, finding the petitioner not to be a clean‑handed applicant.

Summary

Abdullah Rahman sought anticipatory bail after being implicated in a case alleging cheating, forgery and fraud under IPC sections 406, 420, 467, 468 and 34. The FIR alleged that Rahman sold land to the informant, received a Rs 60 lakh cheque and executed a sale deed for land that allegedly did not belong to him, leading to the informant stopping payment. Rahman contended that no cheque was presented, the sale deed was never executed, and that he was falsely implicated, also pointing out that the alleged land‑broker transactions were mutual. The State argued that the allegations showed an intent to cheat and highlighted Rahman’s concealment of a prior criminal antecedent, noting two earlier cases (Bahadurpur P.S. Case No. 461 of 2017 and Sakri P.S. Case No. 138 of 2017). The court held that Rahman had not approached the court with clean hands, having concealed his antecedent, and therefore denied anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite allegations of cheating, forgery and fraud under IPC sections 406, 420, 467, 468 and 34.
  • Whether concealment of prior criminal antecedents defeats the grant of anticipatory bail.
  • Whether the petitioner’s claim of no cheque and no sale deed creates reasonable doubt sufficient to justify bail.

Legislation cited

Subjects

  • anticipatory bail
  • cheating
  • forgery
  • Indian Penal Code
  • Section 438 CrPC
  • criminal antecedent
  • clean hands doctrine
  • sale deed fraud

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.54264 of 2025
                  Arising Out of PS. Case No.-334 Year-2020 Thana- BAHADURPUR District- Darbhanga
                 ======================================================
                 Abdullah Rahman @ Sarik Son of Md. Sadre Alam R/o Village - Kila Larui
                 PS - Chandpura (Barat OP) Dist - Vaishali
                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Akhilesh Kumar S/o Sri Krisna Yadav R/o Village Mahrajee Navtoli P.S.
                 Sadar Distt. Darbhanga.
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Baidyanath Prasad, Advocate
                 For the Opposite Party/s :     Mr. Abhay Kumar Roy, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   09-02-2026                   Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel appearing on behalf of

                   the informant.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 406, 420,

                   467 and 468/34 of the Indian Penal Code.

                                 3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and the informant alleges

                   that Md. Rizwan and Md. Naz came to his shop and purchased a

                   tractor on credit for an amount of Rs.46,68,715/- with an

                   assurance to pay the amount within one month but the same was

                   not paid within the time agreed, hence, the informant went to
Patna High Court CR. MISC. No.54264 of 2025(4) dt.09-02-2026
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          the house of the accused persons where petitioner was present

          along with other accused persons. Further, they offered the

          informant to purchase a land and showed an agreement paper

          executed by Ajay and Abhay in favour of the petitioner and

          further offered that if he purchases the property, the amount of

          tractor shall be adjusted in the price, the land was offered at the

          price of Rs.24,50,000/- per Katha, thereafter, the informant paid

          an amount of Rs.5,00,000/- to the petitioner who gave the

          money to Ajay. It is next alleged that thereafter an agreement for

          sale was executed in between the petitioner and the informant

          for 2 Kathas of land over which Md. Rizwan signed as a

          witness. Thereafter, on 12.04.2017, the informant again paid an

          amount of Rs.5,00,000/- to the petitioner and thereafter paid

          different amounts to the petitioner and Md. Rizwan, as such, in

          all paid an amount of Rs.32,60,000/- after adjusting the price of

          the tractor. It is further alleged that thereafter the petitioner

          offered the informant to purchase 4 Kathas of land for which he

          gave a cheque of Rs.60,00,000/- and a registered sale deed was

          executed, thereafter, it is alleged that he came to know that the

          sale deed has been executed with regard to a land which does

          not belong to the accused persons, hence, asked the bank to stop

          the payment of the cheque.
Patna High Court CR. MISC. No.54264 of 2025(4) dt.09-02-2026
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                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that in sum

          and substance, the allegation against the petitioner is that

          petitioner offered him to purchase 4 Kathas of land for which

          the informant gave a cheque of Rs.60,00,000/- in lieu whereof a

          registered sale deed was executed and later the informant came

          to know the sale deed has been executed with regard to a land

          which does not belong to the accused persons including the

          petitioner, hence, asked the bank to stop the payment of the

          cheque. It is next submitted that since no cheque was given to

          the petitioner for an amount of Rs.60,00,000/-, as such, no

          cheque either was presented by the petitioner for encashment. It

          is also submitted that as far as payment of the tractor and 2

          Kathas of land is alleged in the FIR with respect to the same

          there is no dispute and apart from the said amount, an amount of

          Rs.4,20,000/- was credited in the account of the petitioner with

          regard to 4 Kathas of land for which informant alleges that a

          sale deed was executed but then it is submitted that informant

          and the petitioner along with other accused persons are land

          brokers and they work in tandem and it was in the said context
Patna High Court CR. MISC. No.54264 of 2025(4) dt.09-02-2026
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          that an amount of Rs.4,20,000/- was credited in the account of

          the petitioner and it was not in lieu of any land which is being

          alleged that petitioner had offered to sell for an amount of

          Rs.60,00,000/-. It is further submitted that the amount of

          Rs.4,20,000/- is alleged to have been credited in the account of

          the petitioner in the year 2017 but three years thereafter the

          instant case came to be instituted. It is next submitted that no

          registered sale deed along with the FIR was brought on record.

                       5. Learned A.P.P. for the State and learned counsel

          appearing on behalf of the informant opposed the prayer for

          anticipatory bail of the petitioner. Learned counsel appearing on

          behalf of the informant submits that no doubt, the sale deed has

          not been brought on record but then a specific allegation is

          alleged in the FIR that a sale deed was executed by the

          petitioner in favour of the informant in lieu whereof a cheque of

          Rs.60,00,000/- was given apart from the aforesaid amount but

          then there is no pleading in the anticipatory bail application

          denying that no sale deed was ever executed by the petitioner in

          favour of the informant which amply demonstrates that

          petitioner with an intent to cheat had committed the occurrence.

          It is further submitted that petitioner has not approached the

          Court with clean hands as in the anticipatory bail application, it
Patna High Court CR. MISC. No.54264 of 2025(4) dt.09-02-2026
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          is pleaded that petitioner has antecedent of one case when

          petitioner has antecedent of two cases which includes

          Bahadurpur P.S. Case No. 461 of 2017 in which the petitioner

          had moved before this Court seeking anticipatory bail by filing

          Cr. Misc. No. 33288 of 2018 and the same came to be rejected

          by an order dated 04.07.2018 by the then learned Coordinate

          Bench of this Court. It is, thus, submitted that the instant

          anticipatory bail application was filed after the order dated

          04.07.2018 but concealing the said antecedent the anticipatory

          bail application has been filed stating that petitioner has

          antecedent of one case with respect to Sakri P.S. Case No. 138

          of 2017 only.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the informant and after perusing

          the order dated 04.07.2018 in Cr. Misc. No. 33288 of 2018, it

          manifests that petitioner has not approached the Court with

          clean hands when at para 3 of the anticipatory bail application

          criminal antecedent is to be pleaded, as such, the Court is not

          inclined to extend the privilege of anticipatory bail to the

          petitioner in connection with Bahadurpur P.S. Case No. 334 of

          2020 pending in the Court of learned Judicial Magistrate, 1 st

          Class, Darbhanga/Successor Court.
           Patna High Court CR. MISC. No.54264 of 2025(4) dt.09-02-2026
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                                  7. Hence, the prayer for anticipatory bail is rejected.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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