Patna High Court
Md. Rizwan @ Raza @ Intekhab Alam @ Intekhab @ InekhabversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Provisional bail is granted subject to the condition that the petitioner pays the agreed amount in instalments and furnishes the required bail bond and sureties.
Summary
The petitioner, Md. Rizwan, was arrested in connection with a complaint alleging cheating under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act, involving a purported fraud of Rs 1.87 crore and a cheque of Rs 1.40 crore. He has been in custody since 27‑06‑2024. The petitioner offered to repay the full amount of Rs 1.40 crore to the informant in equal monthly installments over one year, and the informant had no objection to the settlement. The court, noting the settlement and the petitioner’s willingness to provide security, allowed the bail application. It granted provisional bail for one year on condition of a Rs 10,000 bail bond with two sureties, a demand draft of Rs 5 lakh, and the stipulated instalment payments, with failure to pay resulting in automatic cancellation of bail. The petitioner was also directed to deposit his passport, if any, with the lower court.
Issues considered
- Whether provisional bail can be granted in a cheating case under Section 420 IPC and Section 138 NI Act when the accused proposes a settlement and instalment payment schedule
- Whether the conditions imposed by the court are sufficient to ensure compliance and prevent misuse of bail
Legislation cited
- Indian Penal Code — s. 420
- Negotiable Instruments Act — s. 138
Subjects
- bail
- cheating
- Section 420 IPC
- Section 138 NI Act
- settlement
- provisional bail
- instalment payment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75582 of 2025
Arising Out of PS. Case No.-5681 Year-2022 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Md. Rizwan @ Raza @ Intekhab Alam @ Intekhab @ Inekhab S/o- Md. Reza
R/o- Flat No 601G Saheban Apartment, Alba Colony, Ranipur se Paschim,
phulwarisharif, patna, Presently Add Ek min Ghar, Ps- Laheriasarai, Dist-
Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shahnawaz Iqbal S/o- Mohammad Sahabbuddin R/v- Phulwarisharif,
Tumtum Padav, Kumhar Gali Ps- Phulwari Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.P.N.Shahi, Sr. Advocate
Mr.Wasi Mohammad, Advocate
For the Opposite Party/s : Mr.Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 19-03-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Complaint Case No. 5681(C) of 2022 registered for the offence
under Section 420 of the Indian Penal Code and Section 138 of
Negotiable Instruments Act.
3. As per the prosecution case, petitioner and his wife
are accused of cheating the informant of Rs. 1,87,00,000/-, but
the cheque amount is of Rs. 1,40,00,000/- issued to the
petitioner.
4. Learned Senior Counsel without arguing the case
on merits has submitted that the petitioner is ready to pay an
Patna High Court CR. MISC. No.75582 of 2025(5) dt.19-03-2026
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amount of Rs. 1,40,00,000/-to the informant in installments
within one year of his release in equal installments. Petitioner is
in custody since 27.06.2024.
5. Learned counsel for the informant has no option but
to accept this offer.
6. In view of the settlement between the parties, this
application is allowed.
7. Let the petitioner, above named, be released on
provisional bail for a period of one year on furnishing bail
bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate, Patna /concerned Court below in connection with
Complaint Case No. 5681(C) of 2022.
8. It is made clear that the provisional bail granted to
the petitioner will be subject to the fact that the petitioner will
produce a demand draft of Rs. 5,00,000/- in the name of the
informant and thereafter, he shall be released on provisional bail
and balance amount of Rs. 1,35,00,000/- will be paid to the
informant in eleven monthly installments which comes to
around Rs. 12,27,273 per installment. Once, the whole agreed
amount of Rs. 1,40,00,000/- is paid to the informant then the
provisional bail granted to the petitioner shall be confirmed.
Patna High Court CR. MISC. No.75582 of 2025(5) dt.19-03-2026
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Any failure in payment of installments will lead to automatic
cancellation of the bail bond of the petitioner and all the demand
drafts which are submitted in the court below shall be released
in favour of the informant.
9. The petitioner will deposit his passport, if any in
the court below.
(Sandeep Kumar, J)
tusharika/-
U T
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