Patna High Court
Md. Tasawwar Uzzaman @ Md. Tasauwar Uzzaomman @ Mohammad Md. Tasauwar UzzaommanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for bail was allowed, and the petitioner was released on bail subject to conditions.
Summary
The petitioner, Md. Tasawwar Uzzaman, filed an application fearing arrest in a complaint (No. 87 of 2024) that alleged his involvement in a Rs. 34 lakh fraud involving multiple IPC offences and a bounced cheque under Section 138 of the Negotiable Instruments Act. The prosecution alleged that the petitioner transferred the money, with Rs. 24 lakh credited to the account of his brother Sanobbar Uzzamman and Rs. 10 lakh paid in cash. The petitioner contended that he was falsely implicated, asserting that the bounced cheque was issued solely by his brother and not by him. The court examined the bail application under Section 438(2) of the CrPC and Section 482 of the Bihar Negotiable Instruments Act. Finding no substantive justification to deny bail, the court allowed the application and ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to the usual conditions.
Issues considered
- Whether the petitioner is entitled to bail under Section 438(2) of the CrPC and Section 482 of the Bihar Negotiable Instruments Act despite the serious nature of the alleged offences
- Whether the allegations against the petitioner constitute sufficient ground to deny bail
Legislation cited
- Bihar Negotiable Instruments Act — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 120(b), 406, 417, 419, 420, 467, 468, 471, 504, 506
- Negotiable Instruments Act — s. 138
Subjects
- bail
- Criminal Procedure Code
- Negotiable Instruments Act
- IPC offences
- cheque bounce
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65160 of 2025
Arising Out of PS. Case No.-87 Year-2024 Thana- SITAMARHI COMPLAINT CASE
District- Sitamarhi
======================================================
Md. Tasawwar Uzzaman @ Md. Tasauwar Uzzaomman @ Mohammad Md.
Tasauwar Uzzaomman S/O Late Md. Qurraish @ Md. Qurraish R/O Village-
Rupaspur, 22, Sabaura, Ward No. 16, P.O.- B.O.R. Campus, P.S- Barauni
Refinary (Barauni), Distt.- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Narayan Prasad Choudhary S/O Late Ramswarup Choudhary R/O Village-
Court Bazar, Ward No. 15, Nagar Nigam Sitamarhi, P.S- Town, Distt.-
Sitamarhi (Proprietor of Taj Enterprises)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sandip Kumar Gautam
For the Opposite Party/s : Mr.Brajendra Nath Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 87 OF 2024 registered for
the offence under Sections 406, 417, 419, 420, 467, 468, 471,
504, 506, 120(b) of the Indian Penal Code and under Section
138 of the N.I. Act.
3. As per the prosecution case, the informant has
alleged that he has transferred Rs. 34 lakhs to the petitioner and
other co-accused out of which Rs. 24 lakhs was given in the
bank account of one Sanobbar Uzzamman and has given Rs. 10
Patna High Court CR. MISC. No.65160 of 2025(4) dt.24-02-2026
2/2
lakhs in cash.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that the
petitioner is the brother of Sanobbar Uzzamman and the cheque,
which has bounced, has been issued by Sanobbar Uzzamman
and not the petitioner.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, 1st Class, Sitamarhi/concerned Court below in
connection with Complaint Case No. 87 of 2024, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…