Created by Fuzzy Cloud

Patna High Court

Manzar Ansari@Md. Manzar AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioners have made out a prima facie case for pre‑arrest bail and granted it subject to conditions.

Summary

The petitioners, Manzar Ansari, Umair Alam and Anjum Praveen, were charged under IPC sections 420, 406, 467, 468 and 471/34 for allegedly cheating Rs.20.81 lakh by promising employment in BELTRON. They contended that the alleged contract arose from a partnership agreement dated 13‑06‑2020, which suffered losses due to the Covid‑19 pandemic, and that the FIR was a false accusation aimed at recovering the lost money. The State opposed the grant of pre‑arrest bail, arguing the seriousness of the offences. The Court examined the factual backdrop, the nature of the alleged contract, and relevant precedents on bail in fraud cases. Finding that the petitioners had made out a prima facie case for bail, the Court directed that they be released on pre‑arrest bail subject to a bond and sureties, and conditioned the order on verification of any other criminal antecedents. The order was made under Section 482(2) of the BNSS, 2023.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail despite charges of cheating, criminal breach of trust and forgery under the IPC.
  • Whether the alleged employment contract is void and thus a civil matter, affecting the criminal liability.
  • Whether the circumstances of the Covid‑19 induced business loss justify bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • cheating
  • fraud
  • IPC sections 420
  • IPC section 406
  • IPC section 467
  • IPC section 468
  • IPC section 471
  • contract void
  • civil remedy
  • Covid‑19 impact
  • partnership agreement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88936 of 2025
                     Arising Out of PS. Case No.-414 Year-2025 Thana- MADHUBANI TOWN District-
                                                       Madhubani
                 ======================================================
           1.     Manzar Ansari@Md. Manzar Ansari
           2.    Umair Alam @ Md. Umair Alam @ Md. Umaio,
                 Both are son of Md. Shoaib @ Shoeb Ansari
           3.    Anjum Praveen @ Anjum Perween W/O Manzar Ansari
                 All are Resident of Village- Goapokar, P.S.- Nagar, Dist- Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ashok Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr.Ram Sevak Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   28-01-2026                  Heard Mr. Ashok Kumar Jha, learned counsel

                   appearing on behalf of the petitioners and Mr. Ram Sevak

                   Choudhary, learned APP for the State.

                                2. Petitioners seek pre-arrest bail in connection with

                   Madhubani Town P.S.Case No.414 of 2025, registered for the

                   offences punishable under Sections 420, 406, 467, 468 and

                   471/34 of IPC.

                                3. The prosecution story in short is that the petitioner

                   along with his wife and brother cheated Rs.20,81,000/- from the

                   informant on the pretext of providing job in Beltron Company.

                                4. Learned counsel appearing on behalf of the

                   petitioners submitted that the petitioner no.1 had entered into a
Patna High Court CR. MISC. No.88936 of 2025(2) dt.28-01-2026
                                            2/4




          partnership agreement on 13.06.2020 and the memorandum of

          the Understanding (MoU) has been brought on record by way of

          Annexure -P/2 to the bail application and during the said period,

          Covid-19 Pandemic broke out leading to loss in the business and

          to realize the amount, which the partnership Firm suffered, the

          petitioners have been made accused on the basis of false

          accusation that on the basis of false promise, petitioners have

          realized a sum of Rs.20,81,000/- in a fraudulent manner from

          the informant.

                       5. Learned counsel further submitted that from the

          very allegation, it appears that the contract arising out of the

          alleged promise made by the petitioners to provide employment

          in BELTRON is void and in support thereof, the petitioners have

          referred to several judgments of the Apex Court in this regard :

                      (I) Deepak Kumar Shrivas and Anr. Vs. State of Chhattisgarh
          and Ors. reported in (2024) 3 SCC 601
                      (II) Vijay Sharma and Anr. Vs. State of Bihar & Anr. reported
          in (2011) 1 PLJR 780
                      (III) Manju Devi Vs. The State of Bihar and Ors. Reported in
          (2017) 2 PLJR 560
                      (IV) Narender Prasad Pandey Vs. State of Bihar and Ors.
          reported in (2019) SCC Online Pat 403
                      (V) Prahlad Rai and Ors. Vs. The State of Bihar in Cr.
          Misc. No.6097 of 2015 vide order dated 15.05.2019 and
                      (VI) State of Haryana Vs. Bhajan Lal reported in 1992 Supp.
          (1) SCC 335.

                       6. Learned counsel, in this background, submitted

          that such a contract can only be termed an unethical transaction,

          in respect of which civil remedies may not be sustainable. It was
Patna High Court CR. MISC. No.88936 of 2025(2) dt.28-01-2026
                                            3/4




          further contended that the dispute has been raised solely with a

          mala fide intention to realize and recover the tainted money

          through coercive means, under the garb of threats of criminal

          proceedings.

                       7. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail to the petitioners.

                       8. Having considered the rival submissions made on

          behalf of the parties, as well as, considering the nature of

          allegation made in the FIR and the background in which the

          petitioners have made out a case that as a result of loss in the

          partnership business on the basis of false accusation they have

          been made accused in the present case and the record reveals

          that the present FIR has been lodged in the year, 2025 whereas

          the petitioners and the informant were dealing with the

          partnership business for which they had entered into an

          agreement in the year, 2020 and as claimed by the petitioners

          that due to loss suffered in the said business, the informant with

          an intention to recover alleged tainted money by coercion has

          lodged the present FIR. I find that the petitioners have prima

          facie made out a case to be released on pre-arrest bail.

                       9. The petitioners are directed to be released on pre-

          arrest bail, in the event of their arrest or surrender before the
            Patna High Court CR. MISC. No.88936 of 2025(2) dt.28-01-2026
                                                        4/4




                      learned district court within a period of four weeks from today,

                      on furnishing bail bond of Rs.10,000/- (Ten Thousand) each

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

                      learned CJM, Madhubani/concerned court, in connection with

                      Town P.S.Case No.414 of 2025 subject to conditions as laid

                      down under Section 482(2) of BNSS of 2023

                                   10. The learned district court is directed to verify the

                      criminal antecedent of the petitioners and if it is found that the

                      petitioners are involved in some other cases as what has been

                      stated in paragraph No.3 of the bail application, this order will

                      automatically lose its force.



                                                (Purnendu Singh, J)
chn/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.