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Patna High Court

Laiba Fariyal @ Laiba FarihalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail subject to the stipulated conditions, including verification of the Rs.1 lakh deposit.

Summary

Laiba Fariyal sought anticipatory bail after learning that a case had been registered against her under Sections 406 and 420 of the Indian Penal Code. Although the police had taken cognizance of the offence based on the charge sheet, they had not arrested her and she had cooperated with the investigation. She offered to return Rs.1 lakh to the informant and the informant did not oppose the bail. The court, after hearing counsel, granted anticipatory bail under Section 438(2) of the CrPC, subject to a bail bond of Rs.5,000, two sureties of the same amount, and the condition that the petitioner produce documentary proof of the Rs.1 lakh deposit at the time of surrender. If such proof is not produced, the bail order will not take effect.

Issues considered

  • Whether anticipatory bail can be granted when cognizance has been taken but the accused has not been arrested.
  • Whether the condition of returning Rs.1 lakh to the informant is a valid condition for anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 41A CrPC
  • IPC Sections 406, 420
  • bail conditions
  • deposit to informant
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88293 of 2025
                        Arising Out of PS. Case No.-619 Year-2023 Thana- BIHAR District- Nalanda
                 ======================================================
                 Laiba Fariyal @ Laiba Farihal Daughter of Syed Absarul Hassan Resident of
                 Village - Naya Tola Indira Nagar, Ganj No. 1, Bettiah, P.S.- Bettiah Muffasil,
                 District - West Champaran.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Md. Shahnawaz Son of Md. Waizuddin Resident of Village - Kagzi Mohalla,
                 P.S.- Bihar, District - Nalanda

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shakil Ahmad Khan
                 For the Opposite Party/s :        Mr. Harendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-01-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offences punishable under Sections 406, 420

                   of the Indian Penal Code.

                                3. Learned counsel for the petitioner submits that the

                   offences for which the instant FIR was instituted carries

                   punishment of 7 years and less as such petitioner was given

                   notice under Section 41A of the Cr.P.C. It is next submitted that

                   petitioner co-operated in the investigation and the police never

                   felt the need of arresting the petitioner but then charge sheet
Patna High Court CR. MISC. No.88293 of 2025(2) dt.16-01-2026
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          came to be submitted, based on which, cognizance was taken,

          thus petitioner apprehends arrest. Learned counsel next

          submitted that when police during the course of investigation

          never felt the need of arresting the petitioner, whether it would

          be prudent for the court to send the petitioner to jail based on

          the fact that cognizance came to be taken based on the charge

          sheet. It is also submitted that petitioner is willing to return an

          amount of Rs. 1 lakh to the informant prior to the date of

          surrendering.

                       4. Learned counsel appearing on behalf of the

          informant also does not oppose the anticipatory bail application

          of the petitioner as petitioner has undertaken to return an

          amount of Rs.1 lakh to the informant prior to the date of her

          surrendering.

                       5. Learned counsel for the petitioner, at this stage,

          submits that petitioner prior to surrendering will credit an

          amount of Rs.1 lakh in the saving bank account of the informant

          and shall furnish the receipt at the time of surrendering.

                       6. Learned counsel appearing on behalf of the

          informant submits that he will whats-app the saving bank

          account number of the informant to the learned counsel

          appearing on behalf of the petitioner and the learned counsel
Patna High Court CR. MISC. No.88293 of 2025(2) dt.16-01-2026
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          appearing on behalf of the petitioner undertakes to communicate

          the same to the petitioner.

                       7. After hearing the learned counsel for the parties,

          the petitioner, the petitioner above-named, in the event of her

          arrest or surrender before the learned Court below within a

          period of six weeks from today, be released on anticipatory bail

          on furnishing bail bonds of Rs.5000/- (Rupees Five Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned trial court where the case is pending/successor court

          in connection with Bihar P.S. Case No.619/2023, subject to the

          conditions as laid down under Section 438 (2) of the Cr.P.C.

                       8. However, it is made clear that the learned trial court

          before accepting the bail bonds of the petitioner, shall verify

          whether any documentary evidence has been brought on record

          at the time of surrender, showing that an amount of Rs.1 lakh

          has been credited in the saving bank account of the informant, if

          no documentary evidence is brought on record at the time of

          surrendering, showing deposit of Rs.1 lakh in the account of the

          informant, in that event, the present anticipatory bail order shall

          not be given effect to but if it is found that documentary

          evidence has been annexed, showing deposit of Rs.1 lakh in the

          account of the informant, in that event, the instant order shall be
             Patna High Court CR. MISC. No.88293 of 2025(2) dt.16-01-2026
                                                         4/4




                       given effect forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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