Md. Alam Hashmi @ Md. Alam Vs The State of Bihar — Cheating and Forgery | Patna HC (2026)

Md. Alam Hashmi @ Md. Alam Vs The State of Bihar — Cheating and Forgery | Patna HC (2026)

What the court decided

AI extract

Outcome

Application disposed of by granting anticipatory bail: release on arrest/surrender within four weeks on bail bond of Rs.10,000 with two sureties of the like amount each, subject to Section 438(2) CrPC / Section 482(2) BNSS conditions, adherence to the mediation agreement dated 12.01.2026, with liberty to Opposite Party No.2 to seek cancellation of bail bond on default in payment.

Issue for consideration

Whether the petitioner, apprehending arrest in Panapur Kariyat P.S. Case No. 49 of 2025 registered under Sections 316(2) and 318(4) of B.N.S. for allegedly fraudulently selling land to the informant and cheating him, is entitled to anticipatory bail. +1 more

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the learned court below within four weeks, the petitioner is to be released on anticipatory bail in connection with Panapur Kariyat P.S. Case No. 49 of 2025 on furnishing a bail bond of Rs.10,000 with two sureties of the like amount each, subject to the conditions under Section 438(2) CrPC / Section 482(2) B.N.S.S. 2023.

Ratio / Principle

The terms of the mediation agreement dated 12.01.2026 are to be strictly adhered to by both parties: the petitioner is to correct the date in the first cheque of Rs. 3,00,000; the informant's wife, in whose name the land has been transferred, is to file an affidavit within four weeks that she has no concern with or claim over the land; and all agreed payments are to be made by March 2027.

Key takeaways

In case the terms and conditions of the agreement are not strictly complied with and the petitioner faults in making the entire payment, Opposite Party No.2 shall be at liberty to file an application for cancellation of the bail bond.ratio¶24

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — Cheating/fraudulent transfer of land (Sections 316(2), 318(4) BNS) — Parties settled dispute through mediation, agreement dated 12.01.2026 on record — Bail granted: on arrest or surrender within four weeks, petitioner to be released on bail bond of Rs.10,000 with two sureties of like amount each, subject to Section 438(2) CrPC / Section 482(2) BNSS 2023 conditions — Settlement terms to be strictly observed: correction of date in first cheque of Rs.3,00,000; affidavit by informant's wife within four weeks disclaiming claim over transferred land; all agreed payments by March 2027 — Liberty to Opposite Party No.2 to move for cancellation of bail bond on default.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58555 of 2025

Arising Out of PS. Case No.-49 Year-2025 Thana- Panapur District- Muzaffarpur

======================================================

Md. Alam Hashmi @ Md. Alam S/o- Late Natthu Miyan Village- Kazipur Goriyara, P.S.- Panapur Kariyat, District- Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Kant Singh, Advocate For the Opposite Party/s : Mrs. Madhuri Lata, A.P.P ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

4 21-01-2026

Heard learned counsel for the petitioner, learned

A.P.P for the State and learned counsel appearing for the Opposite Party No.2.

The petitioner apprehends his arrest in a case registered under Sections 316 (2) and 318 (4) of B.N.S.

As per the prosecution case, the allegation in the first information report relates to fraudulent sale of land by the petitioner to the informant and thereby cheating him of his hard earned money.

Learned counsels appearing for the parties submits that the parties have resolved the issue between them and a copy of the memorandum of agreement passed in mediation proceeding No. 1274 of 2025 dated 12.01.2026 is also on record indicating such settlement between the parties.

Patna High Court CR. MISC. No.58555 of 2025(4) dt.21-01-2026 2/3

It is expected that the terms and conditions as settled by way of mediation agreement dated 12.01.2026 would be strictly adhered to by both the parties and a correction with regard to the date in the first cheque amounting to Rs. 3,00,000/(Rupees Three Lakh) would be made by the petitioner. In addition, it is also agreed that the wife of the informant in whose name the land has been transferred would at least file an affidavit before the court concerned within a period of four weeks that she is not concerned with the said land and has no claim over the same and all the payment as agreed by the petitioner must be made by March, 2027. The first installment of Rs. 1,00,000/- (Rupees One Lakh) has already been paid by the petitioner.

Taking into consideration the facts and circumstances, let the petitioner in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Panapur Kariyat P.S. Case No. 49 of 2025 on furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the

Patna High Court CR. MISC. No.58555 of 2025(4) dt.21-01-2026 3/3

B.N.S.S, 2023.

However, it is made clear that in case the terms and

conditions of the agreement is not strictly complied with and the petitioner faulters in making the entire payment to the Opposite Party No.2 , the Opposite Party No.2 shall be at liberty to file an application for cancellation of bail bond.

Accordingly, the application stands disposed of.

(Soni Shrivastava, J)

vashudha/-

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