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Patna High Court

Mahtab AlamversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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