Kudsia Praveen Bano @ Banno Vs the State of Bihar — Cheating and Forgery | Patna HC (2026)

Kudsia Praveen Bano @ Banno Vs the State of Bihar — Cheating and Forgery | Patna HC (2026)

What the court decided

AI extract

Outcome

Bail granted: on arrest/surrender within eight weeks, petitioners to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the Addl. Chief Judicial Magistrate, XIV, Patna, in Phulwari Sharif Police Station Case No. 177 of 2023, subject to conditions under section 482 BNSS 2023.

Issue for consideration

Whether the petitioners, who apprehend arrest in Phulwari Sharif Police Station Case No. 177 of 2023 registered for offences under sections 406, 420, 467, 463, 379, 504, 506/34 IPC, are entitled to bail in the event of arrest/surrender.

Court's answer

Prayer for bail of the petitioners is allowed: in the event of arrest/surrender within eight weeks, they are to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the Addl. Chief Judicial Magistrate, XIV, Patna, in Phulwari Sharif Police Station Case No. 177 of 2023, subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Patna High Court (Prabhat Kumar Singh, J.) allowed the bail prayers in Criminal Miscellaneous Nos. 13882 of 2024 and 8825 of 2024, arising out of Phulwari Sharif Police Station Case No. 177 of 2023, District Patna, registered for offences punishable under sections 406, 420, 467, 463, 379, 504, 506/34 IPC. As per the prosecution case, the accused persons, by forming a construction company, got Rs.81.30 lacs deposited by the complainant and, when he demanded his money, assaulted him and snatched his gold chain, wrist watch and cash Rs.20,000/-. Counsel for the petitioners contended that they were not partners in the firm but merely caretakers of the project appointed by co-accused Syed Md. Asharful Islam; that the allegation of assault was general and omnibus with no specific overt act; that the dispute was purely civil in nature with no supporting document; and that a similarly situated co-accused had already been allowed bail in Cr. Mis. No. 46572/2023. Allowing the prayer, the Court directed that in the event of arrest or surrender within eight weeks the petitioners be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the Addl. Chief Judicial Magistrate, XIV, Patna, subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13882 of 2024

Arising Out of PS. Case No.-177 Year-2023 Thana- PHULWARISHARIF District- Patna

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

SYED MOHAMMAD ASHARFUL ISLAM SON OF MOHAMMAD MD. KHALILUR RAHMAN R/O MOHALLA- MAHDAULI TOWN, DARBHANGA, P.S.- LAHERIYA SARAI, DISTRICT- DARBHANGA AT PRESENT FLAT NO.23, BUILDING NO.318, ROAD NO.306, HIDD. KINDOM OF BAHRAIN

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR

... ... Opposite Party/s

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

with

CRIMINAL MISCELLANEOUS No. 8825 of 2024

Arising Out of PS. Case No.-177 Year-2023 Thana- PHULWARISHARIF District- Patna

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

Kudsia Praveen Bano @ Banno W/O Syed Abul Kajim R/O Mohalla- New Colony, Dharmpur, P.S- Town, Distt.- Samastipur.

Quaiser Fatima @ Sweety W/O Julfekar Ali Mahtab R/O Mohalla- New Colony, Dharmpur, P.S- Town, Distt.- Samastipur.

Syed Mohammad Mazharul Ishlam @ Majharul Islam S/O Md. Khalilur Rahman R/O Mahdauli Town, Darbhanga, P.S- Laheriya Sarai, Distt.Darbhanga.

... ... Petitioners

Versus

The State Of Bihar

... ... Opposite Party/s

====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 13882 of 2024) For the Petitioner/s : Mr.Ravindra Kr Sinha No.2 For the Opposite Party/s : Mr.Lalan Kumar (In CRIMINAL MISCELLANEOUS No. 8825 of 2024) For the Petitioner/s : Mr.Ravindra Kr Sinha No.2 For the Opposite Party/s : Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

8 05-02-2026 Heard learned counsel for the parties.

Petitioners apprehend arrest in a case registered for

the offence punishable under sections 406, 420, 467, 463, 379,

Patna High Court CR. MISC. No.13882 of 2024(8) dt.05-02-2026 2/3

504, 506/34 and other allied sections of the Indian Penal Code.

As per the prosecution case, accused persons, by forming a construction company, got deposited Rs.81.30 lacs by the complainant and later on when he demanded his money, the accused persons assaulted him with fists and slaps and snatched his gold chain, wrist watch and cash Rs.20,000/-.

Learned counsel appearing for the petitioners submits that these petitioners are not the partner in the construction firm, rather they were merely care taker of the project, appointed by co-accused Syed Md. Asharful Islam. Allegation of assault is general and omnibus against these petitioners and no specific overt act has been alleged against them. Moreover, dispute is purely of civil nature. No chit of paper has been brought on record to support the alleged transaction. Similarly situated co-accused has already been allowed bail by this Court vide order passed in Cr. Mis. No. 46572/2023.

Learned counsel for the State opposes the prayer

for bail.

Considering the aforesaid facts of the case, prayer for bail of these petitioners is allowed. In the event of arrest/surrender within eight weeks from today, let these

Patna High Court CR. MISC. No.13882 of 2024(8) dt.05-02-2026 3/3

petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, XIV, Patna in Phulwari Sharif Police Station Case No. 177 of 2023, subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J)

Shashi

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