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Patna High Court

KUDSIA PRAVEEN BANO @ BANNOversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

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

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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