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Patna High Court

Md. Saddam @ SabbuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to specified monetary and procedural conditions.

Summary

The petitioner, Md. Saddam, was implicated in a fraud case (Sultanganj P.S. Case No. 177 of 2024) involving alleged cheating and intimidation under IPC sections 420, 406, 506 and 34. He offered to pay a total restitution of Rs. 5,00,000, proposing Rs. 2,50,000 on surrender and the balance within six weeks. The State opposed his anticipatory bail application, while the petitioner’s counsel sought bail on the basis of the proposed payment. The High Court, considering the parties’ positions, directed that the trial court accept a bail bond on surrender and granted anticipatory bail subject to a Rs. 10,000 bail bond, two sureties, payment of Rs. 2,50,000 by demand draft, and several conditions under Section 438(2) CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order also imposed strict compliance requirements, including regular court appearances and prohibition on tampering with witnesses.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner accused of fraud under IPC sections 420, 406, 506 and 34.
  • Whether the court can condition anticipatory bail on payment of restitution and other undertakings.

Legislation cited

Subjects

  • anticipatory bail
  • fraud
  • IPC 420
  • Section 438 CrPC
  • Section 482 Bhartiya Nagarik Suraksha Sanhita
  • bail conditions
  • restitution

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84009 of 2025
                      Arising Out of PS. Case No.-177 Year-2024 Thana- SULTANGANJ District- Patna
                 ======================================================
                 Md. Saddam @ Sabbu S/o Late Md. Firoz R/o Mohalla- Sahaganj, Near
                 Chauraha, Ps- Sultanganj, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.N.K.Agarwal
                                                  Mr.Danish Raja
                                                  Md.Tipu Sultan
                                                  Mr.M.K.Thakur
                 For the Opposite Party/s :       Mr.Vinod Shanker Modi
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   11-02-2026                      Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Sultanganj P.S. Case No. 177 of 2024, F.I.R

                   dated 03.05.2024 registered for the offences punishable under

                   Sections 420, 406, 506 & 34 of the Indian Penal Code.

                                3. According to prosecution case, the FIR was lodged

                   by Yashmin Salma before S.H.O., Sultanganj, alleging that in

                   2023 she contacted Md. Saddam @ Sabbu and S.M. Afsar, who

                   introduced themselves as property dealers and showed her a

                   three-storey house allegedly owned by Salma Khatoon. A deal

                   for Rs. 65 lakhs was finalized, and she paid Rs. 30 lakhs as
Patna High Court CR. MISC. No.84009 of 2025(3) dt.11-02-2026
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          earnest money Rs. 20 lakhs in cash and Rs. 10 lakhs through

          bearer cheques. Later, the accused avoided registration, and she

          discovered that the alleged owner was a fake person with forged

          documents. When she demanded her money back, the accused

          threatened her and her family, revealing a planned fraud.

                      4. At the outset, Senior Counsel, Sri N.K.Agarwal,

          who appears for the petitioner submits that the petitioner is

          ready to pay that the amount to the tune of Rs. 5,00,000/- for

          which, the liability upon this petitioner is fastend and the

          petitioner proposes to pay Rs. 2,50,000/- on the date of

          surrender and the rest amount to the tune of Rs. 2,50,000/-

          would be paid in an interval of six weeks. On the basis of the

          stand so taken, prayer is made that petitioner may be allowed

          the privilege of anticipatory bail. On the other hand, informant

          is represented through Sri Mukesh Kumar Thakur submits that

          if the petitioner is ready discharge his liability then appropriate

          order may be passed in this regard.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the stand taken by the parties, this

          Court is of the view that the learned Trial Court would accept

          the bail bond of this petitioner on surrender, being made within
Patna High Court CR. MISC. No.84009 of 2025(3) dt.11-02-2026
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          the period of three weeks from today subject to payment of Rs.

          2,50,000/- through Demand Draft prepared in the name of the

          informant and another amount, which shall be paid within a

          further period of six weeks from the date of surrender subject to

          such undertaking being given by the petitioner. In view of the

          stand so taken, this Court is inclined to grant the privilege of

          anticipatory bail to the petitioner.

                       7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned S.D.J,M, Patna in connection with

          Sultanganj P.S. Case No. 177 of 2024, subject to the conditions

          as laid down under Section 438(2) of the Code of Criminal

          Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha

          Sanhita and with other following conditions:-

                       (i) one of the bailors should be the family

          member/relative of the petitioner(s) who shall provide official

          document to show his/her bona fide;

                       (ii) the petitioner(s) shall appear on each and every

          date before the Trial Court and failure to do so for two
           Patna High Court CR. MISC. No.84009 of 2025(3) dt.11-02-2026
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                     consecutive       dates     without      plausible   reason   will   entail

                     cancellation of his/her/their bail bond by the Trial Court itself;

                                  (iii) the petitioner(s) 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;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
abhishekkr/-

U      T


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