Patna High Court
Md. Ishaque @ Md. IshakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Negotiable Securities Act (BNSS)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 120B, 409, 420
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/-
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