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Patna High Court

Maqsood Ali @ Maqsood AhmadversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court rejected the petitioner's second anticipatory bail application.

Summary

Maqsood Ali, alleged to have defrauded a woman of Rs.24.5 lakh and cash, was charged under IPC sections 420, 406 and 34. He sought anticipatory bail under Section 41A of the CrPC after a non‑bailable warrant was issued, although no charge‑sheet had been filed. An earlier anticipatory bail application (Cr. Misc. No.14418 of 2025) was withdrawn by the Court with liberty to file a fresh petition, which he subsequently did. The petitioner had received notice under Section 41A but failed to appear before the investigating officer. The State opposed bail, emphasizing the seriousness of the offences and the petitioner’s non‑appearance. The Court, after considering the submissions, declined to entertain the second anticipatory bail application and rejected the prayer, thereby dismissing the petition.

Issues considered

  • Whether anticipatory bail can be granted when the petitioner has failed to appear after notice under Section 41A CrPC
  • Whether a second anticipatory bail application can be entertained after a prior application was withdrawn
  • Whether the absence of a charge‑sheet and the issuance of a non‑bailable warrant preclude anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 41A CrPC
  • fraud
  • IPC 420
  • IPC 406
  • non‑bailable warrant
  • bail rejection

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6799 of 2026
                    Arising Out of PS. Case No.-113 Year-2024 Thana- GANDHIMAIDAN District- Patna
                 ======================================================
                 Maqsood Ali @ Maqsood Ahmad S/O Samiullah R/o - Katalpur, P.S -
                 Baikunthpur, District - Gopalganj

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pushpendra Priyedarshi
                 For the Opposite Party/s :      Mr.Bharat Bhushan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   30-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 420, 406 and 34 of the Indian Penal Code.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of two cases and the informant

                   alleges that she came to know that Saied Hussain and Sahnaj

                   Hussain about eight years back and they requested for financial

                   assistance showing a tender of ICICI Bank for Rs.60 Lacs, but

                   informant refused as she was not having the requisite sum,

                   hence they gave a proposal to invest half the amount and

                   assured returns, thus she deposited an amount of Rs.24,50,000/-

                   in the account of Saied Husssain and Sahnaj from her account
Patna High Court CR. MISC. No.6799 of 2026(3) dt.30-04-2026
                                            2/3




          and gave Rs.5,50,000/- in cash, but the accused persons did not

          return the amount rather gave a cheque which on presentation

          for encashment bounced. It is next submitted that thereafter the

          informant started enquiring when she came to know that

          accused persons are fraud as real name of Saied and Sahnaj is

          Mumtaz and Sanchita Banerji and Saied Hussain, who had

          introduced his brother by the name Mumtaz his real name is

          Maqsood Ali i.e. petitioner.

                       4. The learned counsel for the petitioner submits that

          petitioner had earlier moved this Court seeking anticipatory bail

          by filing Cr. Misc. No.14418 of 2025, but then the same was

          permitted to be withdrawn by an order dated 13.05.2025 with

          liberty to file a fresh as it was submitted by the learned A.P.P.

          after perusing the case diary that notice under Section 41(A)

          Cr.P.C. has been given to the petitioner. The learned counsel for

          the petitioner submits that in terms of the aforesaid liberty the

          instant second anticipatory bail application has been filed.

                       5. On query of the Court as to whether charge-sheet

          has been submitted or not, on which it is fairly submitted that

          charge-sheet has not been submitted, but then non-bailable

          warrant of arrest has been issued on which learned A.P.P. Sri

          Chandra Bhushan Prasad after perusing the order impugned
               Patna High Court CR. MISC. No.6799 of 2026(3) dt.30-04-2026
                                                           3/3




                         submits that petitioner was given notice under Section 41(A)

                         Cr.P.C., but then he did not appear before the investigating

                         Officer. It is also submitted that whether Saied Hussain is

                         Mumtaz or Mumta is Maqsood Ali, the same requires to be

                         investigated. It is further submitted that this perhaps explains

                         why the petitioner despite receiving notice under Section 41(A)

                         Cr.P.C. did not to appear and cooperated in the investigation.

                                      6. Considering the submissions made by the learned

                         A.P.P., the Court is not inclined to entertain the second

                         anticipatory bail application.

                                      7. The prayer of the petitioner for second anticipatory

                         bail stands rejected.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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