Md. Hafizur Rehman @ Hafizur Rehman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70513 of 2025 Arising Out of PS. Case No.-403 Year-2024 Thana- SIRDALA District- Nawada ====================================================== 1.
Md. Hafizur Rehman @ Hafizur Rehman S/o Md. Mojibul Haque R/o Village- Sherpur, P.S.- Sirdala, District- Nawada 2.
Md. Sahid Ansari @ Saeed Ansari S/o Md. Mojibul Haque R/o VillageSherpur, P.S.- Sirdala, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Kumar, Adv For the Opposite Party/s :
Mr.Mithlesh Kumar Khare, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are in custody in connection with Sirdala P.S Case No. 403 of 2024 registered for the offences punishable under Sections 406, 420, 120B of the Indian Penal Code.
3. As per allegation in the FIR, co-accused, Md. Naseem Ansari had taken Rs 4,00,000/- from the Informant with promise to return the same @ 28,000/- per month. However, he went missing after paying back just one installment to the Informant.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.70513 of 2025(3) dt.08-10-2025 2/3 petitioners have falsely been implicated in this case. He next submits that except oral allegation, there is no any written document or written agreement of entrustment available on record. He further submits that both petitioners residing separately from co-accused Md. Naseem Ansari and there is no any involvement of petitioners proved in this case. He further submits that charge sheet has been already been submitted against the petitioners. It is also submitted that petitioner are in judicial custody since 17.02.2025 having one antecedent. He further submits that other co-accused has been granted anticipatory bail vide order dated 24.09.2025 in Cr. Misc. No. 68607 of 2025.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, case diary and impugned order dated 19.08.2025, it appears that the specific allegation of cheating of money of informant is upon one of the co-accused Md. Naseem Ansari and the aforesaid petitioners are own brother of co-accused Md. Naseem Ansari. Moreover, except oral allegation, there is no any written document or written agreement of entrustment available on record and one of the coaccused has already been granted anticipatory bail vide order
Patna High Court CR. MISC. No.70513 of 2025(3) dt.08-10-2025 3/3 dated 24.09.2025 in Cr. Misc. No. 68607 of 2025. So considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioners, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada in connection with Sirdala P.S Case No. 403 of 2024.
(Ramesh Chand Malviya, J) Sunnykr/- U