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Patna High Court

Quadir Alam @ Kadeer AlamversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that anticipatory bail could not be granted as the allegations were serious and the petitioner was implicated in the offences.

Summary

The petitioner, Quadir Alam, sought anticipatory bail fearing arrest in a cyber‑P.S. case (No. 18 of 2025) involving alleged withdrawal of Rs 373,812.80 from an informant’s bank account. The prosecution alleged that the petitioner was named in a self‑inculpatory statement of co‑accused Rakesh Kumar and was involved in offences under Sections 318(4) and 319(2) of the BNS. The court examined the seriousness of the allegations and the petitioner’s alleged participation in the crime. Considering the gravity of the case, the court declined to grant anticipatory bail. Consequently, the application was dismissed and the petitioner was ordered to surrender within four weeks and apply for regular bail, failing which the police were directed to arrest him.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged bank fraud and his alleged involvement as per the prosecution’s case

Legislation cited

  • BNS — s. 318(4), 319(2)

Subjects

  • anticipatory bail
  • criminal procedure
  • section 318
  • section 319
  • bank fraud
  • surrender
  • bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80247 of 2025
                        Arising Out of PS. Case No.-18 Year-2025 Thana- Cyber P.S. District- Araria
                 ======================================================
                 Quadir Alam @ Kadeer Alam S/o Mansoor Alam R/o Village - Kosi Kanhi,
                 Bag Nagar, P.S - Mahalgaon, District - Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Md Naushaduzzoha
                 For the Opposite Party/s :         Mr.Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   10-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2.         The petitioner apprehends his arrest in

                   connection with Araria Cyber P.S. Case No. 18 of 2025

                   registered for the offence under Sections 318(4), 319(2) of the

                   BNS.

                                   3. As per the prosecution case, Rs. 373812.80/- has

                   illegally been withdrawn from the bank account of the

                   informant.

                                   4. The name of the petitioner has come in the self

                   inculpatory statement of Rakesh Kumar. Rakesh Kumar and the

                   petitioner were found to be involved in the alleged crime.

                                   5. Considering the facts of the case and the serious

                   nature of allegations levelled against the petitioner, this Court is
          Patna High Court CR. MISC. No.80247 of 2025(4) dt.10-03-2026
                                                      2/2




                    not inclined to grant anticipatory bail to the petitioner.

                                      6. Accordingly, this application for anticipatory

                    bail is dismissed.

                                     7. The petitioner is directed to surrender in the

                    Court below within four weeks from today and pray for regular

                    bail failing which the Superintendent of Police, Araria will take

                    all steps for arrest of the accused person/s including the

                    petitioner.

                                    8.     Let a copy of this order this order be

                    communicated to the Superintendent of Police, Araria through

                    FAX for its compliance.



                                                             (Sandeep Kumar, J)
Vikas/-

U


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