Patna High Court

Reyaz AhmadversusThe State of Bihar

Decided: 20 February 2026
Disposal: BAIL REJECTED
Bench: RAJIV ROY

Holding

The anticipatory bail application is rejected.

Summary

Reyaz Ahmad, the petitioner, feared arrest in connection with a 2011 case (PS No.272) registered under Sections 409 and 420 of the Indian Penal Code. He filed an anticipatory bail application, seeking liberty to surrender and apply for regular bail within the next eight weeks. The learned counsel for the petitioner requested that the court grant this liberty and consider the bail application on the day of surrender. Justice Rajiv Roy granted the petitioner liberty to surrender within the stipulated period and to file a bail application thereafter, but rejected the anticipatory bail application itself. The court observed that if the petitioner surrenders and files for bail, the matter would be disposed of promptly on the same day.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Sections 409 and 420 IPC
Whether the court should grant a conditional liberty to surrender and apply for regular bail later

Legislation cited

Indian Penal Code — s. 409, 420

Subjects

anticipatory bail
Section 409 IPC
Section 420 IPC
bail procedure
criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74285 of 2025
                   Arising Out of PS. Case No.-272 Year-2011 Thana- SIWAN MUFFASIL District- Siwan
                 ======================================================
                 Reyaz Ahmad S/o Late Md. Mubarak Hussain R/o Village- Bindusar Buzurg,
                 Benusar, P.S.- Mufassil (Mahadeva), District- Siwan


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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Nafisu Zzoha, Advocate
                 For the State           :       Mr. Parmeshwar Mehta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   20-02-2026                      Heard Mr. Nafisu Zzoha, learned counsel for the

                   petitioner and Mr. Parmeshwar Mehta, learned APP representing

                   the State.

                                 2. The petitioner is apprehending his arrest in

                   connection with Mufassil (Mahadeva) P.S. Case No. 272 of

                   2011 registered for the offence punishable under Sections 409

                   and 420 of the Indian Penal Code, lodged on 13.08.2011 by the

                   informant Arun Kumar Paswan.

                                 3. After some arguments, learned counsel for the

                   petitioner submits that he shall be seeking bail in next eight

                   weeks.

                                 4. Granting said liberty and observing that if the

                   petitioner surrenders within aforesaid period and files bail
            Patna High Court CR. MISC. No.74285 of 2025(3) dt.20-02-2026
                                                        2/2




                      application, the same be considered and dispose it of preferably

                      on the same day.

                                   5. The anticipatory bail application is rejected with

                      the aforesaid observation.



                                                     (Rajiv Roy, J)
vinayak/-

U      T

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