Patna High Court
Md. ShadabversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bharatiya Nyaya Sanhita — s. 482, 69
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
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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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