Patna High Court
Maksud @ Abdul MajidversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specific conditions.
Summary
Maksud @ Abdul Majid was arrested on 9 August 2025 in connection with FIR dated 8 August 2025 alleging cheating using a QR code, assault, creation of obscene videos and blackmail, punishable under several sections of the Bihar Narcotic Substances Act, 2023. The petitioner contended that the FIR was fabricated, offered to repay Rs.20,000 to the informant, and sought bail. The State opposed bail, noting the seriousness of the offences and two other pending cases against the petitioner. The High Court, after hearing, directed correction of the bail petition and subsequently granted bail on a bond of Rs.10,000 with two sureties, imposing conditions including a Rs.20,000 deposit to the informant, cooperation with trial, appearance requirements, and prohibition on tampering with evidence. The order also mandated verification of the petitioner’s criminal antecedents and allowed cancellation of bail for non‑compliance.
Issues considered
- Whether the petitioner is entitled to bail despite the gravity of the offences under the Bihar Narcotic Substances Act, 2023.
- Whether the existence of other pending cases justifies denial of bail.
- Whether the conditions imposed by the Court are lawful and appropriate.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 115(2), 126(2), 316(2), 318(4), 3(5), 351(2), 351(3), 352, 75(1)(i)
Subjects
- bail
- cheating
- QR code fraud
- assault
- obscene material
- blackmail
- criminal procedure
- Bihar Narcotic Substances Act
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90879 of 2025
Arising Out of PS. Case No.-770 Year-2025 Thana- KATIHAR NAGAR District- Katihar
======================================================
Maksud @ Abdul Majid S/o Najmul Azad Resident of - Dokhra, P.O - Sonaili,
P.S - Kadwa, District - Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr.Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 16-03-2026 Heard Mr.Sanjeev Kumar Singh, learned counsel for
the petitioner and Mr.Nand Kishore Prasad, learned A.P.P. for
the State.
2. Learned counsel for the petitioner is directed to
make necessary correction in paragraph-1 of the bail petition.
3. The petitioner seeks bail, who is in custody since
09.08.2025 in connection with Katihar Nagar P.S. Case No.
770 of 2025, F.I.R. dated 08.08.2025 registered for the
offence punishable under Sections 316(2), 318(4), 352,
126(2), 115(2), 351(2), 351(3), 3(5), 75(1)(i) of BNS, 2023.
4. The case of the prosecution, in brief, is that the
accused petitioner has committed cheating from the informant
and other persons by using QR code and lastly on 08.08.2025,
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the accused called the informant and others to take back
money at Katihar Market and assaulted them. Moreover, the
accused make obscene videos and photos of girls and
blackmail to viral them.
5. Learned counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. As per allegation in the FIR, the informant
alleged that the petitioner has cheated Rs. 20,000/- from
different account of the informant. Learned counsel for the
petitioner, on instruction, submits that the petitioner is ready
to pay Rs.20,000/- to the informant at the time of furnishing
bail bond. Further submits that the police, after investigation,
submitted chargesheet against the petitioner and the petitioner
is in custody since 09.08.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
two more cases other than the present one, as mentioned in
para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like
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amount each to the satisfaction of learned C.J.M., Katihar in
connection with Katihar Nagar P.S. Case No. 770 of 2025,
with the following conditions:-
(I) At the time of furnishing bail bond, the petitioner
shall deposit Rs.20,000/- by way of demand draft in favour of
the informant, namely, Mohd. Amin and the learned court
below is directed to hand over the same to the informant or
his representative.
(II) Petitioner shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on his/her absence on two consecutive dates
without sufficient reason, his/her bail bond shall be cancelled
by the Court below.
(III) If the petitioner tampers with the evidence or
the witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(IV) And, further condition that the court below
shall verify the criminal antecedent of the petitioner and in
case at any stage, it is found that the petitioner has concealed
his criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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