Md. Sarfaraz @ Md. Sarfaraz Alam Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

Md. Sarfaraz @ Md. Sarfaraz Alam Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner directed to be released on bail in the event of arrest or surrender within four weeks, on bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned CJM, Purnia/concerned Court, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with K. Nagar P.S. Case No. 350 of 2020 (offences under Sections 420, 379, 419, 387, 385, 384 IPC; charge-sheet under Sections 341, 387, 419, 420, 504, 506 IPC), is entitled to anticipatory bail.

Court's answer

Anticipatory bail granted: petitioner to be released on bail in the event of his arrest or surrender before the court below within a period of four weeks.

Ratio / Principle

Bail conditioned on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Purnia/concerned Court, subject to the conditions laid down under Section 438(2) CrPC / Section 482(2) BNSS.

Key takeaways

The Court's reasons were the nature of the accusations and the fact that the petitioner had been given the benefit of Section 41A CrPC during investigation.ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail (Patna High Court, Chandra Shekhar Jha, J., 05-02-2025): Petitioner named in F.I.R. of K. Nagar P.S. Case No. 350 of 2020 for offences under Sections 420, 379, 419, 387, 385, 384 IPC, arising from an allegation of obtaining petrol worth Rs. 3049.57 for 35.89 litres by presenting the vehicle as that of the Block Development Officer, K. Nagar, Purnia; charge-sheet later submitted under Sections 341, 387, 419, 420, 504, 506 IPC and cognizance taken by the trial court. Noting the nature of the accusations and that the petitioner had been extended the benefit of Section 41A CrPC during investigation, the Court directed his release on bail in the event of arrest or surrender within four weeks, on a bail bond of Rs. 10,000/- with two like sureties, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1569 of 2025

Arising Out of PS. Case No.-350 Year-2020 Thana- KRITYANAND NAGAR DistrictPurnia

====================================================== Md. Sarfaraz @ Md. Sarfaraz Alam S/o Md. Gayasuddin R/o vill - Bairgachi, ward no. 3, P.S. - K. Nagar, Distt. - Purnia

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Nishant Kumar Sinha, Adv. For the Opposite Party/s : Ms. Dr. Indiwar Kumari, Adv. ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

2 05-02-2025

Heard the parties.

The accused/petitioner is named in the F.I.R. and

apprehending his arrest in connection with K. Nagar P.S. Case No. 350 of 2020 registered for the offences punishable under Sections 420, 379, 419, 387, 385, 384 of IPC and later on charge-sheet submitted under Section 341, 387, 419, 420, 504, 506 of IPC.

The allegation against petitioner is to cheat

informant who was working with petrol pump for Rs. 3049.57 against 35.89 litre of petrol, where allegation is to present the vehicle as same is of Block Development Officer, K. Nagar, Purnia.

It is submitted by learned counsel appearing on

behalf of the petitioner that the petitioner was given benefit of

Patna High Court CR. MISC. No.1569 of 2025(2) dt.05-02-2025 2/2

Section 41 (A) of Cr.P.C. during investigations and he never found to misuse it. It is pointed out that after submitting the charge-sheet the learned trial court took cognizance against this petitioner for the alleged offences.

Learned APP, opposed the prayer of bail.

In view of aforesaid facts and circumstances and

by taking further note of nature of accusations and also as petitioner was given benefit of Section 41 (A) of Cr.P.C. during investigation, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Purnia/concerned Court, where the case is pending in connection with K. Nagar P.S. Case No. 350 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.

(Chandra Shekhar Jha, J)