Patna High Court
Daud Shekh @ Md. Daud ShekhversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied to the petitioners.
Summary
The petitioners, Daud Shekh, Shamima Khatoon and Mustakima Khatun, were named in an FIR alleging fraud in the sale of land for Rs.21,80,000, invoking sections 318(4), 316(2), 318(2), 336(2), 338 and 61(2) of the Bihar Negotiable Sale Act. They sought anticipatory bail, claiming the matter is a civil land dispute and that they have no criminal antecedents. The State opposed bail, asserting that the petitioners fraudulently sold land they did not own. The High Court, after hearing both sides, declined to grant anticipatory bail, noting the seriousness of the allegations. However, the Court directed that if the petitioners surrender within six weeks, the trial court may entertain a regular bail application on its merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the applicable sections of the Bihar Negotiable Sale Act.
- Whether the allegations constitute a civil land dispute or a criminal fraud warranting denial of bail.
Subjects
- anticipatory bail
- land dispute
- fraud
- criminal procedure
- Bihar Negotiable Sale Act
- sections 318, 316, 336, 338, 61
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10964 of 2026
Arising Out of PS. Case No.-363 Year-2025 Thana- MADHUBANI TOWN District-
Madhubani
======================================================
1. Daud Shekh @ Md. Daud Shekh S/o Kali Mulla R/o Village - Mangrauni
Shekh Tola, P.S - Rajnagar, District - Madhubani
2. Shamima Khatoon W/o Sarfaraz R/o Village - Mangrauni Shekh Tola, P.S -
Rajnagar, District - Madhubani
3. Mostakima Khatun @ Mustakima Khatoon D/o Daud Shekh @ Md. Daud
Shekh R/o Village - Mangrauni Shekh Tola, P.S - Rajnagar, District -
Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vikash Kumar Jha, Adv.
For the Opposite Party/s : Mr.Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-03-2026 Heard learned Counsel for the petitioners and
learned APP for the State.
2. The petitioners are apprehending arrest in a case
registered for the offences punishable in connection with
Madhubani Nagar P.S. Case No.363 of 2025 dated 24.08.2025
under Section 318(4) of the BNS and later under Sections
316(2), 318(2), 336(2), 338, 61(2) of the BNS, which is pending
before the court of C.J.M., Madhubani.
3. As per the prosecution, the FIR has been lodged
against six named accused persons including the petitioners with
allegation that all accused persons in connivance with each
Patna High Court CR. MISC. No.10964 of 2026(2) dt.12-03-2026
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other, have sold land at the rate of Rs.21,80,000/- and executed
sale deed. When the informant reached on the land then he finds
that the land belongs to another co-sharer and also they stopped
the informant by granting possession to the said land.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. He
submits that from the FIR, it becomes crystal clear that there is
land dispute between the parties and other co-sharer is creating
trouble to the informant. He further submits that admittedly, sale
deed has been executed in favour of the informant and it is
purely a land dispute.
5. Counsel also submits that antecedent of the
petitioners is clean.
6. Learned APP for the State opposes the prayer for
bail and submits that the allegation made in the FIR that
petitioners have sold other land to the informant claiming their
own and in this way, committed fraud of Rs.21,80,000/-.
7. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioners,
therefore the bail application of the petitioners is hereby
rejected.
8. However, if the parties shall enter into settlement
Patna High Court CR. MISC. No.10964 of 2026(2) dt.12-03-2026
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then Trial Court is directed to consider the regular bail
application of the petitioners, if they surrender within six weeks
and pray for regular bail, then trial court shall pass order on
merit or demerit, without being prejudice of the present order.
(Dr. Anshuman, J)
Prakashmani/-
U T
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