Patna High Court
KUDSIA PRAVEEN BANO @ BANNOversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioners.
Summary
The petitioners, who were caretakers of a construction project, feared arrest in a case registered under multiple sections of the Indian Penal Code for alleged fraud, assault, and theft. The prosecution alleged that the accused formed a construction company, received Rs.81.30 lacs from a complainant, and when the complainant demanded repayment, the accused assaulted him and stole valuables. The petitioners contended they were not partners but merely caretakers appointed by a co‑accused, arguing that the allegations of assault were vague, no specific overt act was detailed, and the dispute was essentially civil. They also pointed out that a similarly situated co‑accused had already been granted bail. The State opposed the bail application, but the Court, noting the lack of specific evidence against the petitioners and the civil nature of the dispute, granted bail subject to a bond of Rs.10,000 each with two sureties and conditions under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioners can be granted bail despite allegations under sections 406, 420, 467, 463, 379, 504, 506/34 of the IPC.
- Whether the allegations constitute a specific criminal act sufficient to deny bail.
- Whether Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the Court to grant bail in this circumstance.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Indian Penal Code — s. 379, 406, 420, 463, 467, 504, 506/34
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- construction fraud
- civil dispute
- assault
- theft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13882 of 2024
Arising Out of PS. Case No.-177 Year-2023 Thana- PHULWARISHARIF District- Patna
======================================================
SYED MOHAMMAD ASHARFUL ISLAM SON OF MOHAMMAD MD.
KHALILUR RAHMAN R/O MOHALLA- MAHDAULI TOWN,
DARBHANGA, P.S.- LAHERIYA SARAI, DISTRICT- DARBHANGA AT
PRESENT FLAT NO.23, BUILDING NO.318, ROAD NO.306, HIDD.
KINDOM OF BAHRAIN
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 8825 of 2024
Arising Out of PS. Case No.-177 Year-2023 Thana- PHULWARISHARIF District- Patna
======================================================
1. Kudsia Praveen Bano @ Banno W/O Syed Abul Kajim R/O Mohalla- New
Colony, Dharmpur, P.S- Town, Distt.- Samastipur.
2. Quaiser Fatima @ Sweety W/O Julfekar Ali Mahtab R/O Mohalla- New
Colony, Dharmpur, P.S- Town, Distt.- Samastipur.
3. Syed Mohammad Mazharul Ishlam @ Majharul Islam S/O Md. Khalilur
Rahman R/O Mahdauli Town, Darbhanga, P.S- Laheriya Sarai, Distt.-
Darbhanga.
... ... Petitioners
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 13882 of 2024)
For the Petitioner/s : Mr.Ravindra Kr Sinha No.2
For the Opposite Party/s : Mr.Lalan Kumar
(In CRIMINAL MISCELLANEOUS No. 8825 of 2024)
For the Petitioner/s : Mr.Ravindra Kr Sinha No.2
For the Opposite Party/s : Mr.Lalan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
8 05-02-2026 Heard learned counsel for the parties.
2. Petitioners apprehend arrest in a case registered for
the offence punishable under sections 406, 420, 467, 463, 379,
Patna High Court CR. MISC. No.13882 of 2024(8) dt.05-02-2026
2/3
504, 506/34 and other allied sections of the Indian Penal Code.
3. As per the prosecution case, accused persons, by
forming a construction company, got deposited Rs.81.30 lacs by
the complainant and later on when he demanded his money, the
accused persons assaulted him with fists and slaps and snatched
his gold chain, wrist watch and cash Rs.20,000/-.
4. Learned counsel appearing for the petitioners
submits that these petitioners are not the partner in the
construction firm, rather they were merely care taker of the
project, appointed by co-accused Syed Md. Asharful Islam.
Allegation of assault is general and omnibus against these
petitioners and no specific overt act has been alleged against
them. Moreover, dispute is purely of civil nature. No chit of
paper has been brought on record to support the alleged
transaction. Similarly situated co-accused has already been
allowed bail by this Court vide order passed in Cr. Mis. No.
46572/2023.
5. Learned counsel for the State opposes the prayer
for bail.
6. Considering the aforesaid facts of the case, prayer
for bail of these petitioners is allowed. In the event of
arrest/surrender within eight weeks from today, let these
Patna High Court CR. MISC. No.13882 of 2024(8) dt.05-02-2026
3/3
petitioners, mentioned above, be enlarged on bail on furnishing
bail bond of Rs.10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of Addl. Chief
Judicial Magistrate, XIV, Patna in Phulwari Sharif Police
Station Case No. 177 of 2023, subject to the conditions laid
down under section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Shashi
U T
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