Zakir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76829 of 2025 Arising Out of PS. Case No.-337 Year-2025 Thana- JAMOBAZAR District- Siwan ====================================================== Zakir Hussain S/o- Late Pir Mohammad R/o Village- Makriyar, Makariar, P.S.- Dhanauti, District- Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisu Zzoha For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 316(2), 318(4), 338, 336(3), 340(2) of the B.N.S. and 12 of Passport Act.

3. Allegation in the first information report is that the informant after having being allured by an agent, got his fraudulent passport prepared for the purposes of going abroad and the agent is said to be the petitioner Zakir Hussain.

4. Learned counsel for the petitioner submits that it would be apparent from the bare perusal of the first information report that it is the informant who has admitted the fact that he has committed a mistake on account of his financial conditions and the petitioner is said to have helped him in the same. It is

Patna High Court CR. MISC. No.76829 of 2025(2) dt.27-11-2025 2/3 further submitted that as a matter of fact, this petitioner is not an agent at all and it is only from his outlet that he had applied for the passport and the petitioner had no knowledge whatsoever of any fraudulent intention of the informant and did not do anything with any knowledge.

5. Learned APP for the State has opposed the application for bail of the petitioner on the ground that he has a criminal antecedent which seems to be of similar nature.

6. Taking into consideration the facts and circumstances and also considering the fact that the informant himself has indulged in a fraudulent activity, with open eyes and the allurement provided by the present petitioner seems to be only a remote possibility, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail 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/successor court in connection with Jamo Bazar P.S. Case No. 337 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S., subject to the conditions that: (I) One of the bailors would be the family member or relative.

Patna High Court CR. MISC. No.76829 of 2025(2) dt.27-11-2025 3/3 (II) If the petitioner is found to indulge in any such activity in future, the prosecution will be at liberty to cancel the present bail bonds.

(Soni Shrivastava, J) devendra/- U T