Patna High Court
Laiba Fariyal @ Laiba FarihalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 41A, 438(2)
- Indian Penal Code — s. 406, 420
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
2/4
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
3/4
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
Checking your session…