Patna High CourtCR. MISC./23590/2025bail granted

Arshad Rizvi @ Arshad Mehendi Rizvi @ Arshad Mehdi Rizwi v. The State Of Bihar

2025-09-01Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23590 of 2025 Arising Out of PS. Case No.-288 Year-2015 Thana- PARBATTA District- Khagaria ====================================================== Arshad Rizvi @ Arshad Mehendi Rizvi @ Arshad Mehdi Rizwi Son of Late Anvar Mehndi Rizvi village - Rizvi lodge Dodpur , P. S - Civil line, District - Aligadh ... ... Petitioner/s

Versus

The State of Bihar 2.

Saurabh Kumar son of Ashwani Chaudhari village- Kanheyachak, psPavatta, Dist- Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hemant Kumar, Adv.

For the Opposite Party/s :

Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-09-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Parbatta P.S. Case No. 288 of 2015 for the offence under sections 406, 419, 420, 467, 468, 471, 504, 120B. of the Indian Penal Code lodged on 20.09.2015 by the informant, Saurabh Kumar.

3. Though the notice was issued and the name of Ms. Saloni Sinha/Mr. Niraj Kumar appears, there is no appearance on behalf of the informant.

4. As per the prosecution story, the complainant alleged that on the assurance that his son will be enrolled in Maulana Azad Medical College, New Delhi, the accused person

Patna High Court CR. MISC. No.23590 of 2025(3) dt.01-09-2025 2/3 cheated him of Rs. 18,000,000/-. This led to the complaint.

5. Learned counsel for the petitioner submits that under the wrong notion that the other accused persons namely Neeraj Kumar and Sneha Malhotra shall be providing the employment, he genuinely took Rs. 5,00,000/- which the petitioner is ready to return in the account of the complainant.

6. Learned APP opposes the prayer submitting that the petitioner has delayed coming to the Court.

7. The allegation is there, the petitioner will face the music, he has no criminal antecedent, an undertaking has been given that he shall be paying Rs. 5,00,000/- by demand draft issued by the local State Bank of India branch to the complainant at the time of execution of bail bond, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M, Khagaria in connection with Prabatta P.S. Case No. 288 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.23590 of 2025(3) dt.01-09-2025 3/3 (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Siddharth Soni/- U T