Saheb v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10228 of 2026 Arising Out of PS. Case No.-21 Year-2025 Thana- SATHI District- West Champaran ====================================================== Saheb S/o Sheikh Hasmuddin R/O vill.- Rampur Tola Rupwaliya, P.S.- Shikarpur, Dist.- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sk Fakhruddin S/o Late Hasmuddin R/o Village- Chandwarwa, P.S.-Sathi, Distt.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Akhileshwar Kumar Shrivastva, Advocate For the State :
Ms. Rina Sinha, APP For Opposite Party No. 2:
Ms. Prerna Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-06-2026 Heard learned counsel appearing on behalf of the petitioner, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the informant/Opposite Party No. 2.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 318(4), 322, 336(3) and 329 of the B.N.S..
3. As per prosecution case, informant alleged that on 05.11.2024, accused persons came armed with weapons to grab the land of informant. Upon protest, one Sheikh Mamur Alam told that he purchased the land in question from one Samsul Hoda and this petitioner. Then, the informant got to know that
Patna High Court CR. MISC. No.10228 of 2026(5) dt.30-06-2026 2/3 Samsul Hoda and this petitioner, without having any right, title or possession, on the basis of forged and fabricated documents, executed a sale deed with respect to land of informant and his brother.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. As a matter of fact, petitioner and informant are coparcener of the land in question. After death of Sk. Rakatu, his estate was mutually partitioned among his three sons and four daughters and accordingly, all co-sharers came in inclusive possession over their respective shares. The land in question fell in the share of this petitioner, who is representing the branch of Raga Khatton and thus, the petitioner has sold the land over which he has right, title and possession. Moreover, the dispute is with regard to sale and purchase of land which is purely civil in nature and none of the acts allegedly committed by this petitioner would give rise to any criminal case.
5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case and nature of dispute, the prayer for grant of anticipatory bail to
Patna High Court CR. MISC. No.10228 of 2026(5) dt.30-06-2026 3/3 the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bettiah, West Champaran in connection with Sathi P.S. Case No. 21 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T