Created by Fuzzy Cloud

Patna High Court

Md. Ishaque @ Md. IshakversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the second FIR was filed mala fide and consequently granted anticipatory bail to the petitioner subject to statutory conditions.

Summary

The petitioner, Md. Ishaque, feared arrest in a new FIR (Bagha Patkhauli PS Case No. 788 of 2022) alleging offences under Sections 420, 409 and 120B of the IPC. He contended that the same allegations had already been raised in an earlier FIR (Case No. 499 of 2019) for which he had been granted anticipatory bail, and that the new FIR was therefore a duplicate and filed mala fide. He also highlighted his critical health condition, stating he was on a death‑bed and unable to move or eat. The Court observed that the existence of a prior FIR and anticipatory bail indicated the second FIR was filed with malicious intent and therefore allowed the bail application. The Court ordered that, upon arrest, the petitioner be released on anticipatory bail upon furnishing a Rs.10,000 bond with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNSS, and directed the investigating officer to accept the bail bonds.

Issues considered

  • Whether the second FIR (Case No. 788 of 2022) is mala fide and barred by the earlier anticipatory bail granted in the first FIR (Case No. 499 of 2019).
  • Whether anticipatory bail can be granted despite the seriousness of the offences under Sections 420, 409 and 120B IPC.
  • Whether the petitioner's critical health condition warrants the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • duplicate FIR
  • mala fide filing
  • IPC offences
  • health condition
  • Section 438 CrPC
  • Section 482 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74150 of 2024
                   Arising Out of PS. Case No.-788 Year-2022 Thana- BAGHA District- West Champaran
                 ======================================================
                 Md. Ishaque @ Md. Ishak son of Late Md. Maneer Village- Baltharba, Bir
                 Chhapra, P.O. and P.S.- Piprakothi, Dist- East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar bihar
           2.    The Bihar State Food and Civil Supplies Corporation Ltd. through its
                 Managing Director, Road no. 2, The Bihar State Food and Civil Supplies
                 Corporation Ltd. through its Managing Director, Road no. 2, Daroga Rai
                 Path, R-Block, Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjay Kumar
                 For the Opposite Party/s :      Mr.Parmeshwar Mehta
                 For the BSFC             :      Mr. Shailendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

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

                   APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Bagha Patkhauli P.S. Case No. 788 of 2022

                   registered for the offence under Sections 420, 409, 120B of the

                   Indian Penal Code.

                                   3. Learned counsel for the petitioner submits that

                   Bagha Patkhauli P.S. Case No. 788 of 2022 has been registered

                   on the same allegations for which Bagha Patkhauli P.S. Case

                   No. 499 of 2019 was lodged and therefore, the present FIR is

                   second FIR and the petitioner is already on anticipatory bail in
          Patna High Court CR. MISC. No.74150 of 2024(4) dt.09-02-2026
                                                      2/2




                    the first FIR. He further submits that the petitioner is on death

                    bed and he cannot even move or eat on his own.

                                    4. In view of the aforesaid submission, this Court is

                    of the view that once an FIR bearing Bagha Patkhauli P.S. Case

                    No. 499 of 2019 was lodged against the petitioner and he has

                    already been granted anticipatory bail in the same, this FIR is

                    lodged with a mala fide intention and therefore this application

                    is allowed.

                                    5. Let the petitioner, above named, in the event of

                    his arrest, be released on anticipatory bail upon furnishing bail

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

                    like amount each to the satisfaction of the jurisdictional

                    investigating officer in connection with Bagha Patkhauli P.S.

                    Case No. 788 of 2022, subject to the conditions laid down in

                    Section 438(2) of the Code of Criminal Procedure, 1973 /

                    Section 482 of the BNSS.

                                    6. The Investigating Officer concerned is directed

                    to visit the house of the petitioner and will accept the bail bonds.


                                                              (Sandeep Kumar, J)
Vikas/-
U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.