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Patna High Court

Md. ShadabversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to conditions under Section 482 of the BNSS.

Summary

The petitioner, Md. Shadab, applied for anticipatory bail in connection with a case filed under Section 69 of the Bharatiya Nyaya Sanhita alleging that he had misled an informant into a marriage promise and subsequently demanded repayment of a loan. The petitioner contended that the relationship was consensual, the alleged promise of marriage was false, and the FIR was fabricated to recover the loan amount. The State opposed the bail, arguing the allegations constitute an offence under Section 69. The High Court, after hearing both sides, granted anticipatory bail, directing the petitioner to surrender within four weeks and furnish bail bonds of Rs. 10,000 with two sureties, subject to conditions under Section 482 of the BNSS. The order also stipulated attendance in court, verification of criminal antecedents, and cancellation of bail upon breach of conditions.

Issues considered

  • Whether the allegations under Section 69 of the Bharatiya Nyaya Sanhita justify denial of anticipatory bail.
  • Whether the petitioner’s conduct amounts to a cognizable offence warranting pre‑arrest detention.
  • Whether the court may impose conditions under Section 482 while granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 69
  • Bharatiya Nyaya Sanhita
  • Section 482
  • false FIR
  • consensual relationship
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9658 of 2026
                       Arising Out of PS. Case No.-278 Year-2025 Thana- KAKO District- Jehanabad
                 ======================================================
                 Md. Shadab S/O Md. Salim R/O Vill.- Bichli Tola Bibipur, P.S - Kako ,
                 District - Jehanabad(Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saobiya Mushtaque, Advocate
                 For the Opposite Party/s :       Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in anticipation of his arrest

                   in connection with Kako P.S. Case No. 278 of 2025 instituted

                   for the offences punishable under Sections 69 of the Bharatiya

                   Nyaya Sanhita.

                                3. Allegation against the petitioner is that he

                   established physical relationship with the informant on the

                   pretext of marriage however he later backtracked from his

                   earlier promise.

                                4. Learned counsel for the petitioner submits that a

                   consensual relationship between the two persons has been given

                   colour of a criminal case. It has been submitted that the

                   relationship was consensual and the allegation of promise of
Patna High Court CR. MISC. No.9658 of 2026(2) dt.24-02-2026
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          marriage is also not correct and, in fact, the petitioner had lent

          an amount of Rs. 1,50,000/- to the informant out of their

          personal relationship however when the petitioner started

          demanding the same the informant with no intention to repay

          the same, lodged this false and concocted case. It has been

          submitted that no case for the offence alleged is made out

          especially for the fact that the relationship was consensual and

          only since the marriage is not being solemnized the present FIR

          has been lodged. It has lastly been submitted that the petitioner

          has clean antecedent.

                       5. Learned APP appearing on behalf of the State has

          vehemently opposed the prayer for anticipatory bail.

                       6. Considering the facts aforesaid, the petitioner is

          directed to be released on bail, in the event of his arrest or

          surrender before the court below within a period of four weeks

          from the date of receipt/production of a copy of this order, on

          his furnishing bail bonds in the sum of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Additional Sessions Judge 1st ,

          Jehanabad in connection with Kako P.S. Case No. 278 of 2025,

          subject to the conditions as laid down under Section 482 of the

          BNSS and subject to the following conditions:-

                                               (i) One of the bailors will be a close
            Patna High Court CR. MISC. No.9658 of 2026(2) dt.24-02-2026
                                                        3/3




                                              relative of the petitioner and the other shall be a
                                              local resident:
                                                           (ii) the petitioner will remain present on
                                              each and every date fixed by the Court below, if so
                                              required by the learned Trial Court;
                                                           (iii) in case of absence on two
                                              consecutive dates or in violation of the terms of the
                                              bail, the bail bonds of the petitioner will liable to be
                                              cancelled by the Court concerned;
                                                           (iv) 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 bonds of the
                                              petitioner. However, the acceptance of bail bonds in
                                              terms of the above mentioned order shall not be
                                              delayed for purpose of the same on in the name of
                                              verification.
                                   7. It is made clear that the observations, if any, made

                      in this order, shall be of no bearing during the trial.



                                               (Sourendra Pandey, J)
krishna/-

U       T


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