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Patna High Court

Minhaj AlamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that anticipatory bail cannot be granted as the petitioner’s conduct shows an intention to cheat, justifying the criminal charges.

Summary

The petitioner, Minhaj Alam, applied for anticipatory bail after being implicated in a case registered under Sections 406, 420 and 34 of the Indian Penal Code concerning a land transaction. The informant alleged that he paid Rs. 15.20 lakh to the petitioner and another accused, of which Rs. 11.20 lakh was documented on a non‑judicial stamp paper, but the petitioner failed to execute the sale deed and later demanded additional money, indicating an intention to cheat. The petitioner’s counsel argued that the dispute was essentially civil and that the petitioner had a clean antecedent. The informant’s counsel countered that the acceptance of money without executing the deed demonstrated a criminal intent. After considering the submissions, the court concluded that the petitioner’s conduct warranted criminal proceedings and refused to grant anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner accused of offences under IPC Sections 406, 420 and 34.
  • Whether the underlying dispute is merely civil and thus does not justify criminal proceedings.
  • Whether the petitioner’s acceptance of advance money without executing the sale deed indicates an intention to cheat, negating bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal breach of trust
  • cheating
  • extortion
  • civil dispute
  • land transaction
  • Indian Penal Code
  • Criminal Procedure Code
  • West Champaran

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89464 of 2025
                  Arising Out of PS. Case No.-287 Year-2023 Thana- MUFFASIL District- West Champaran
                 ======================================================
                 Minhaj Alam Son of Mohammad Sah Resident of village - Mansha Tola Ward
                 No.- 32, Police Station - Bettiah Muffasil, District - West Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Brij Kishor Mishra, Advocate
                 For the Opposite Party/s :       Mr. Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  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 his arrest in a case

                   registered for the offences punishable under Section 406, 420

                   and 34 of the Indian Penal Code.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that he intended to purchase 2 Katha 7 dhur 10 dhurki

                   land for which consideration was fixed at Rs. 9 Lakhs per katha,

                   accordingly, he paid an amount of Rs. 15,20,000/- to petitioner

                   and Mohammad Sah, out of which an amount of Rs. 11,20,000/-

                   was recorded on a non judicial stamp paper with receiving and

                   Rs. 4 Lakhs was paid on trust, but the accused persons including
Patna High Court CR. MISC. No.89464 of 2025(2) dt.13-03-2026
                                            2/3




          the petitioner did not execute the sale deed nor returned the

          money, rather threatened and even demanded Rs. 20 Lakhs by

          way of extortion, it is next alleged that informant came to know

          that earlier petitioner in name of getting job in foreign country

          has cheated many people.

                       4. Learned counsel appearing on behalf of the

          informant,       at the outset, submits that informant has been

          cheated of his hard earned money. It is next submitted that the

          money which was given by way of advance to the petitioner and

          Mohammad Sah was on a non judicial stamp paper with

          receiving of the petitioner. It is also submitted that petitioner

          despite receiving money did not execute the sale deed which

          amply demonstrates that petitioner right from the beginning had

          an intention to cheat.

                       5. Learned counsel appearing on behalf of the

          petitioner is not in a position to rebut the submission        the

          learned counsel appearing on behalf of the informant that

          petitioner had taken money by way of advance for which

          receiving was given.

                       6. The learned counsel for the petitioner next submits

          that petitioner is not willing to return the money, but then the

          dispute is civil in nature to which a criminal colour has been
            Patna High Court CR. MISC. No.89464 of 2025(2) dt.13-03-2026
                                                        3/3




                      given, on which the learned counsel appearing on behalf of the

                      informant submits that since petitioner accepted the money in

                      lieu of executing the sale deed with respect to the land as

                      agreed, but later resiled from executing the sale deed that amply

                      demonstrates that petitioner right from the beginning had an

                      intention to cheat.

                                    7. Considering the submissions made by the learned

                      counsel appearing on behalf of the informant, the Court is not

                      inclined to extend the privilege of anticipatory bail to the

                      petitioner.

                                    8. Accordingly,        the    instant   anticipatory   bail

                      application stands rejected.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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