Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 5489 (PAT)

Md. Rizwan @ Raza @ Intekhab Alam @ Intekhab @ Inekhab v. The State of Bihar

CR. MISC./75582/2025 · 2026-03-19

Sandeep Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75582 of 2025 Arising Out of PS. Case No.-5681 Year-2022 Thana- PATNA COMPLAINT CASE District- Patna ====================================================== Md. Rizwan @ Raza @ Intekhab Alam @ Intekhab @ Inekhab S/o- Md. Reza R/o- Flat No 601G Saheban Apartment, Alba Colony, Ranipur se Paschim, phulwarisharif, patna, Presently Add Ek min Ghar, Ps- Laheriasarai, Dist- Darbhanga ... ... Petitioner/s Versus 1. The State of Bihar 2. Shahnawaz Iqbal S/o- Mohammad Sahabbuddin R/v- Phulwarisharif, Tumtum Padav, Kumhar Gali Ps- Phulwari Dist- Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.P.N.Shahi, Sr. Advocate Mr.Wasi Mohammad, Advocate For the Opposite Party/s : Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 5 19-03-2026 Heard the parties. 2. The petitioner seeks bail in connection with Complaint Case No. 5681(C) of 2022 registered for the offence under Section 420 of the Indian Penal Code and Section 138 of Negotiable Instruments Act. 3. As per the prosecution case, petitioner and his wife are accused of cheating the informant of Rs. 1,87,00,000/-, but the cheque amount is of Rs. 1,40,00,000/- issued to the petitioner. 4. Learned Senior Counsel without arguing the case on merits has submitted that the petitioner is ready to pay an Patna High Court CR. MISC. No.75582 of 2025(5) dt.19-03-2026 2/3 amount of Rs. 1,40,00,000/-to the informant in installments within one year of his release in equal installments. Petitioner is in custody since 27.06.2024. 5. Learned counsel for the informant has no option but to accept this offer. 6. In view of the settlement between the parties, this application is allowed. 7. Let the petitioner, above named, be released on provisional bail for a period of one year on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Patna /concerned Court below in connection with Complaint Case No. 5681(C) of 2022. 8. It is made clear that the provisional bail granted to the petitioner will be subject to the fact that the petitioner will produce a demand draft of Rs. 5,00,000/- in the name of the informant and thereafter, he shall be released on provisional bail and balance amount of Rs. 1,35,00,000/- will be paid to the informant in eleven monthly installments which comes to around Rs. 12,27,273 per installment. Once, the whole agreed amount of Rs. 1,40,00,000/- is paid to the informant then the provisional bail granted to the petitioner shall be confirmed. Patna High Court CR. MISC. No.75582 of 2025(5) dt.19-03-2026 3/3 Any failure in payment of installments will lead to automatic cancellation of the bail bond of the petitioner and all the demand drafts which are submitted in the court below shall be released in favour of the informant. 9. The petitioner will deposit his passport, if any in the court below. tusharika/- (Sandeep Kumar, J) U T