Patna High Court

Sahabu Mian @ Shahbu Mian @ Sarfaraj AliversusThe State of Bihar

Decided: 31 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was not granted to the petitioner.

Summary

The petitioner, Sahabu Mian, feared arrest in a case registered under Sections 316(2), 318(4) and 61(2) of the Bhartiya Nyaya Sanhita, 2023. The FIR alleges that he induced an informant to pay full consideration money to co‑accused persons for the purchase of a piece of land, but the co‑accused failed to execute a sale deed or return the money. The petitioner applied for anticipatory bail. The Court examined the allegations of fraud and the seriousness of the offences. It concluded that the circumstances did not warrant the grant of anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the allegations of fraud involving Sections 316(2), 318(4) and 61(2) of the Bhartiya Nyaya Sanhita, 2023?

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 61(2)

Subjects

anticipatory bail
land fraud
criminal procedure
Bhartiya Nyaya Sanhita
Section 316
Section 318
Section 61

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.2201 of 2026
                      Arising Out of PS. Case No.-717 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
                    ======================================================
                    Sahabu Mian @ Shahbu Mian @ Sarfaraj Ali Son of Merajuddin Mansuri
                    Resident of Village - Jhunapur (Dikhan Tola), P.S.- Siwan (Muffasil
                    Mahdeva), District - Siwan.
                                                                          ... ... Petitioner/s
                                                  Versus
                    The State of Bihar
                                                                   ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :      Mr.Arbind Kumar
                    For the Opposite Party/s :      Mr.Rana Randhir Singh
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

2      31-01-2026                  Heard learned counsel for the petitioner and learned

                      A.P.P. for the State.

                                   2. The petitioner apprehends his arrest in a case

                      registered for the offence under Sections 316(2), 318(4), 61(2)

                      of the Bhartiya Nyaya Sanhita, 2023.

                                   3. As per F.I.R., on the inducement of this petitioner,

                      the informant paid full consideration money to other co-accused

                      persons for purchasing a piece of land, but after receiving full

                      consideration money, the accused persons neither executed sale-

                      deed in favour of informant nor returned money.

                                   4. Considering the same, the prayer for anticipatory

                      bail of petitioner is rejected.



                                                        (Prabhat Kumar Singh, J)
anay

U        T

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