Israel @ Mohammad Ijrail v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1971 of 2025 Arising Out of PS. Case No.-613 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== Israel @ Mohammad Ijrail S/o Muhammad Idaris R/o Vill- Parmanand Pur, Khutaha Tola, Ward No. 03, P.S.- Raniganj, Distt.- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dheeraj Kumar For the Opposite Party/s :
Mr. Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-01-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Forbesganj (Simraha) Police Station Case No. 613 of 2019, disclosing offences under Sections 467, 468, 406, 420, 120B, 34 of the Indian Penal Code.
3. As per the prosecution case, allegation against the petitioner is that the petitioner along with other accused floated fake Non-Banking Financial Company in the name and style of Krishna Marketing Financial Services Ltd. and got deposited Rs. 2000/- from the local people with assurance that a sum of Rs. 40,000/- would be provided to them as loan within 15 days. It has further been alleged that the innocent people have been cheated by the petitioner and others on the basis of false
Patna High Court CR. MISC. No.1971 of 2025(3) dt.30-01-2025 2/3 promise by a fake NBFC Company.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has not committed any offence in the manner alleged. Learned counsel further submits that the name of the petitioner has been disclosed by the co-accused who is the owner of the bank as one of the partners and the petitioner has no concern with the NBFC Company. A similarly situated coaccused person Sintu alias Sintu Kumar whose bail application was rejected by the learned Additional Sessions Judge-VIth, Araria along with the petitioner vide order dated 07.11.2019 has been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 17525 of 2020 vide order dated 04.11.2020.
5. I have heard learned counsel for the parties and have gone through the materials on record. The FIR was lodged in 2019 and the bail application of the petitioner was rejected by the learned Sessions Judge on 07.11.2019. The petitioner has approached this Court after six years in 2025 seeking parity with co-accused Sintu Kumar. The anticipatory bail application of the similarly situated co-accused person was dismissed by this Court on 05.11.2019 in Cr. Misc. No. 65284 of 2019. While the bail application of Sintu Kumar was being heard by a Co-
Patna High Court CR. MISC. No.1971 of 2025(3) dt.30-01-2025 3/3 ordinate Bench on 04.11.2020, the order of rejection of anticipatory bail application of co-accused Masum alias Md. Masum, dated 05.11.2019, in Cr. Misc. No. 65284 of 2019, was not brought to the knowledge of learned Judge. Accordingly, in my opinion, the petitioner cannot seek parity of his case with the person who was granted bail, subsequently, by a Co-ordinate Bench and that too after a lapse of six years, accordingly, I am not inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, rejected. (Anil Kumar Sinha, J) HarshPandey/- U T