Mohammad Shahab Uddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69067 of 2025 Arising Out of PS. Case No.-144 Year-2021 Thana- BARHIYA District- Lakhisarai ====================================================== Mohammad Shahab Uddin S/O Mohammad Ayub R/O Village - Saidpur(lakhan Patti), P.S. - Jagdishpur, District - Begusarai, State - Bihar - 848204 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Raj, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Learned counsel for the petitioner seeks permission to correct the age of the petitioner in the Cause Title of the petition. Permission is granted. Let the same be done in course of the day.

3. The petitioner apprehends arrest in connection with Barhiya P.S. Case No. 144 of 2021 dated 14.05.2021, registered for the offence punishable under Sections 420, 467, 468, 471/34 of the Indian Penal Code.

4. The prosecution case, in short, is that informant is owner of the Khata No. 717, Kashra No. 520 total area 25 decimals and he is in possession of the same for more than 35-

Patna High Court CR. MISC. No.69067 of 2025(2) dt.24-09-2025 2/3 40 years but in order to evict and harass the informant by hatching conspiracy the accused persons got a Jamabandi revenue receipt in his favour in an illegal manner and filed a Measurement Case No. 15 of 2020. A false document was prepared with the intention to grab the land of the informant.

6. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that the petitioner is a retired Halka Karamchari of Block-Barhaiya, Dist.-Lakhisarai. The allegation against the petitioner is that he after receiving payment, issued rent receipt bearing Rent Receipt No. 157210 in favour of Awdhesh Singh and the original Jamabandi is running in the name of Ambika Singh. It is submitted that the informant challenged the Title of Awdhesh Singh and his heirs. It is further submitted that nature of dispute is with regard to Title, which is purely a civil dispute. The petitioner has no concern with the land in dispute. Further, it is submitted that the petitioner issued rent receipt only the basis of Jamabandi standing in the name of Awdhesh Singh. Lastly, it has been submitted that he has no criminal antecedent.

7. Learned A.P.P. has opposed the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.69067 of 2025(2) dt.24-09-2025 3/3

8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Barhiya P.S. Case No. 144 of 2021, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Lakhisarai, subject to condition as laid down under Section 482(2) of B.N.S.S..

(Khatim Reza, J) prabhat/- U T