Patna High Court
Md. Haroon Rashid @ Haroon Rashid @ Harun Rashid @ Md. HarunversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Md. Haroon Rashid, was accused in a complaint filed in 2024 for allegedly cheating the complainant, Md. Baharuddin, by taking Rs.5,70,000 to execute a sale deed but instead executing a will in 2012, invoking Sections 406, 323 and 420 of the IPC. The petitioner sought anticipatory bail, arguing that the execution of the will was genuine, he had no prior criminal record, and the FIR was lodged twelve years after the alleged act. The State and the complainant opposed the bail, contending that the act was fraudulent and warranted arrest. The Court examined the documents, the lapse of time, and the petitioner’s clean record, and decided to grant anticipatory bail with stringent conditions. The order directed the petitioner to furnish a bail bond and comply with conditions regarding sureties, cooperation with investigation, court appearances, and non‑interference with witnesses.
Issues considered
- What is the appropriateness of granting anticipatory bail under the circumstances of a delayed complaint alleging cheating under Sections 406, 323 and 420 IPC?
- Whether the petitioner’s lack of criminal antecedent and the time lapse between the alleged act (2012) and the FIR (2024) justify the grant of anticipatory bail?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 323, 406, 420
Subjects
- anticipatory bail
- cheating
- IPC Section 406
- IPC Section 323
- IPC Section 420
- bail conditions
- criminal antecedent
- delayed FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75394 of 2025
Arising Out of PS. Case No.-1848 Year-2024 Thana- COMPLAINT CASE District- Araria
======================================================
Md. Haroon Rashid @ Haroon Rashid @ Harun Rashid @ Md. Harun S/o-
Md. Jarjis @ Jarajis R/v- Deoria Barighat Paiktola W.No-1, PS- Araria Dist.-
Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Md. Baharuddin S/o- Late Md. Jalal @ Jalaluddin R/v- Deoria Barighat
Paiktola W.No-1, Ps- Araria Dist- Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Naushaduzzoha, Advocate
For the State : Mr. Bharat Bhushan, APP
For the O.P. No.2 : Mr. Madan Mohan, Advocate
: Mr. Rahul Raj, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 24-02-2026 Heard Mr. Naushaduzzoha, learned counsel for the
petitioner and Mr. Bharat Bhushan, learned APP representing
the State as also Mr. Madan Mohan, learned counsel
representing the opposite party no.2.
2. The petitioner is apprehending his arrest in
connection with Complaint Case No.1848C of 2024 registered
for the offence under Sections 406, 323 and 420 of the Indian
Penal Code, lodged by the complainant Md. Baharuddin.
3. As per the prosecution story, the allegation is that
the petitioner took Rs.5,70,000/- (Five Lakhs Seventy
Thousand) from the informant to execute sale deed but instead
executed a will, this happened in the year 2012. Recently, (in the
year 2024) when he went for the mutation of the land, came
about it. Accordingly, the F.I.R..
Patna High Court CR. MISC. No.75394 of 2025(3) dt.24-02-2026
2/3
4. Learned counsel for the petitioner submits that he
executed the will, the papers would also show that it was
purchased for the said purpose, the execution took place in the
year 2012. Twelve years later, in the year 2024, the present case
has been lodged and he do not have criminal antecedent.
5. Learned APP as also learned counsel representing
the informant on the other hand oppose the prayer submit that
believing the informant that the sale deed is executed, a will has
been executed and as such, the act is fraudulent.
6. Considering the submissions of the parties as also
on perusing the document which shows that it was purchased for
the purpose of execution of will, the execution took place in the
year 2012, the F.I.R. is in the year 2024, the petitioner do not
have criminal antecedent, F.I.R. is there, he shall be facing the
music, in that background, this Court is inclined to extend him
the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Chief Judicial Magistrate, Araria, in
connection with Complaint Case No.1848C of 2024 subject to
Patna High Court CR. MISC. No.75394 of 2025(3) dt.24-02-2026
3/3
the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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