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Patna High Court – Orders
Naushad Ahmad @ Irshad Ahmed vs The State Of Bihar on 12 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10722 of 2025
Arising Out of PS. Case No.-373 Year-2015 Thana- BARAUNI District- Begusarai
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Naushad Ahmad @ Irshad Ahmed, aged about 45 years, Male, Son of Faizal
Imam, Resident of at Ganpat Tower, Rahar Gadda Dhariya, Flat No. 03/A,
Bhawandaha Dhanbad (Jharkhand) at present resides at Harun Nagar, P.S.-
Phulwari Sharif, District-Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Abu Haidar, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
3 12-05-2025
Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is in custody in a case registered for
the offence punishable under Sections 406, 467, 468, 471,
420/34 and 120(B) of the Indian Penal Code.
3. As per prosecution story in short is that the
informant alleged in the F.I.R, that he along with his wife
Savistan Samim had to go on Hujj in this year. Syed Irshad
Ahamd whose mobile numbers are 8797273342, 9631013785
consulted with him in the month of April forth week and gave
information that he is providing good service for Umra and
Hujj. He also told him that some persons of his district have
already come from doing Umra. The informant provided him his
Patna High Court CR. MISC. No.10722 of 2025(3) dt.12-05-2025
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internet number and told that to sent the proposal through mail
upon which he shall treat. On 29.04.2015, he sent proposal
through internet and again on 01.05.2015 when he was
discharging his duty in his office situated at village-
Thakurichak, P.S. Barauni, District-Begusarai. Syed Irshad
Ahmad, Sabbir Ahmad, Deen Mohammad and two unknown
persons came at his office on 01.05.2015 at 12.00 hours. The
informant got seat them with owner. Syed Irshad Ahmad stated
him that he used to sent for Hujj and Umra by his travels and he
used to provide access facilities which is not be provided by
other travels. He gave office address as Imam shopping Centre
Muradpur, Patna Market and, lastly, he requested get sent his
family members or himself in which no forgery and deceive
shall be made. The payment shall not be digested. Sabbir
Ahmad @ Rumi stated him that he is telling truth. He also said
believing upon him to fill up the form and provided him with
passport on 28 August 2015 to 17 September 2015 they shall
have been sent on Hujj. Ten days ago, the compare and essential
papers shall be provided to him on proper time. The accused
further stated to the informant that two lakh 75 thousand rupees
shall be costed for going and coming, fooding etc. The
informant deposited the above amount to the account of Syed
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Irshad Ahmad and others and he also gave his bio-data and his
wife’s bio-data. He also gave him a cheque of Rs. 5,50,000/-
(Five lakh fifty thousand) of Axis Bank. The informant (him),
and his wife’s passport to Deen Mohammad and he provided the
above cheque to Syed Irshad Ahmad which was in the name of
National Hujj and Umra Tour Travels account and the same was
transferred on 04.05.2015 in the above account. As per FIR, the
informant and his wife had to go on Hujj prior to 17 September
2015 his relatives used to come before him for meet the
informant. The informant used to talk with the accused persons
regarding the Viza, Passport etc who used to assure him that he
shall provide him Viza, Ticket, Passport on time, in the month of
first week of September. On telling, he used to adjourn the
matter due to which he became felt trouble thereafter the
informant so many times office of the accused persons which
was situated at Patna but they knowingly and deliberately did
not meet him thereafter they closed his office and absconded. In
the mean while, the informant came to know that the accused
persons have committed forgery with so many persons and
extorted a handsome amount of about crore. On the basis of
above typed application, the case was instituted against Irshad
Ahmad, Sabbir Ahmad, Deen Mohammad.
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4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case due to
suspicion. He next submits that the alleged FIR has been lodged
after more than five months which creates doubts over the
alleged offences against the petitioner as the occurrence is said
to be took place on 01.05.2015 but the FIR has been lodged on
14.10.2015 which is much delay and after thought as stated in
para-11 of the petition. He next submits that similarly situated
co-accused has been granted anticipatory bail by a Co-ordinate
Bench of this Court passed in Cr. Misc. No.22764 of 2017.
Petitioner has got nineteen criminal antecedents as stated in
para-3 of the petition and he is in custody since 07.05.2024.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that petitioner has got nineteen
criminal antecedents.
6. On perusal of the first information report, case
diary and impugned order dated 18.07.2024, it appears that the
allegation levelled against the petitioner is to have prepared
forge documents and committed the offence of fraud by taking
Rs.5,50,000/- from the informant and his wife in the name of
sending people to Hujj and Umra and petitioner has got nineteen
criminal antecedents, so considering the serious nature of the
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offence and several criminal antecedents against the petitioner, I
am not inclined to grant bail to the above named petitioner.
7. Accordingly, the prayer for bail of the petitioner is
hereby rejected.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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