Patna High Court
Mahtab AlamversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Mahtab Alam, sought regular bail in a case (Mahua P.S. Case No.374/2018) involving alleged cheating, forgery, and criminal conspiracy under Sections 420, 467, 468, 471, 472 and 120B/34 of the Indian Penal Code. The prosecution alleged that the petitioner and his brother defrauded an informant of ₹1.10 crore, received only part of the advance, and extorted a vehicle and phone. The petitioner claimed false implication, asserted he had paid only ₹10 lakhs of the promised ₹50 lakhs, and offered to cooperate, citing no prior criminal record. The State opposed bail, and the court noted the petitioner’s previous interim bail, subsequent absconding, and false undertaking. Considering the large monetary loss and the petitioner’s conduct, the court refused bail and ordered the trial to be expedited.
Issues considered
- Whether bail should be granted to the petitioner despite allegations of large‑scale cheating and forgery
- Whether the petitioner’s false undertaking and prior absconding justify denial of bail
Legislation cited
- Indian Penal Code — s. 120, 34, 420, 467, 468, 471, 472
Subjects
- bail
- cheating
- forgery
- criminal conspiracy
- Indian Penal Code
- fraud
- extortion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83468 of 2024
Arising Out of PS. Case No.-374 Year-2018 Thana- MAHUA District- Vaishali
======================================================
Mahtab Alam Son of Late Abdul Gaffar Resident of Village - Mahua
Mukundpur, P.S.- Mahua, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Priyanka Singh,
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
15 15-04-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail in connection with Mahua
P.S. Case No. 374/2018 registered for the offences punishable
under Sections 420, 467, 468, 471, 472 and 120B/34 of Indian
Penal Code.
3. As per the prosecution case, brothers Waseem and
Mahtab Alam (petitioner) are alleged to have cheated the
informant by selling a plot for ₹1.10 crore with ₹50 lakh
advance and after RTGS transfer of ₹35 lakh, sale deed was
executed and the petitioner is also alleged to have extorted a
Scorpio vehicle and phone. The land in question belonged
originally to Kaushalya Devi, who had already sold the land to
Patna High Court CR. MISC. No.83468 of 2024(15) dt.15-04-2026
2/2
others.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel next submits that petitioner had undertaken to pay the
complainant Rs. 50 lakhs out of which he has paid Rs. Rs. 10
lakhs and the remaining Rs. 40 lakhs has not been paid by him.
Learned counsel further submits that he has no criminal
antecedent and he is in custody since 04.09.2024. The petitioner
undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Petitioner after grant of interim bail was
absconding and he has surrendered pursuant to the orders of this
Court.
7. Considering the huge amount of money cheated by
the petitioner and also the false undertaking given by the
petitioner in this Court, this Court is not inclined to grant bail to
the petitioner.
8. Accordingly, this application stands dismissed and
the court below is directed to expedite the trial.
(Sandeep Kumar, J)
tusharika/-
U T
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