Supreme Court reverses Justice Prabhat Kumar Singh's pre-arrest bail rejection order

In Md. Faizi Ahmad vs. 1 . The State of Bihar & Anr. (2025), Justices Vikram Nath and Sandeep Mehta of the Supreme Court passed a 3-page long order dated October 3, 2025, wherein, it condoned the delay and issued notice. The order  reads: ''By way of an ad interim order, in the event of arrest, the petitioner be released on bail...In the meantime, the petitioner will file additional documents placing of record the details of antecedents.'' The case arose out of impugned order by Justice Prabhat Kumar Singh of Patna High Court dated April 30, 2025

In Md. Faizi Ahmad vs. 1 . The State of Bihar & Anr. (2025), Justice Singh had passed a 2-page long order dated April 30, 2025, wherein, he concluded:''Considering the nature of accusation , criminal antecedents and gravity of offence, prayer for pre-arrest bail of the petitioner is rejected.'' The petitioner had approached the High Court apprehending arrest in a case registered for the offence punishable under section 420, 406, 120 ( B ), 323 , 504 and 506 of the Indian Penal code. 

According to the  prosecution case, pursuant to agreement made between the parties for sale of land, it was alleged that Rs. 18 lacs 21 thousand was given to petitioner in cash and through bank in the name of accused persons and thereafter petitioner refused to execute the sale deed or to return the alleged amount. 

The counsel for the petitioner submitted that petitioner is quite innocent and has not committed any offence as alleged. It was also submitted that complainant and accused persons were distant relatives and the entire complaint case was false and concocted. The petitioner had nothing to do with the alleged incident and there was no specific allegation against him. The dispute was purely civil in nature. 

The counsel for the State opposed the prayer for bail and there is specific allegation against the petitioner that the petitioner had received Rs. 18 lacs 21 thousand through cash and in bank account and petitioner had got seven criminal antecedents. The case arose out of a P.S. case of 2021 from a Nawadah complaint case.