Patna High Court
Akhtar AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for bail is allowed, granting the petitioners release on bail subject to the stipulated conditions.
Summary
The petitioners, Akhtar Ali, Arshad Ali and Md. Mushtakim, feared arrest in a criminal case (PS 1499/2024) alleging they denied a car park to an informant, with charges under multiple sections of the Bihar Negotiable Securities Act. They contended they were falsely implicated, asserting that the informant was a purchaser from the original allottee and that the dispute stemmed from the builder’s illegal construction of an extra floor. The petitioner’s counsel argued that the builder, not the petitioners, created the confusion. The High Court, after hearing, allowed the bail application, directing that if the petitioners are arrested or surrender within four weeks, they be released on bail with a bond of Rs 10,000 and two sureties, subject to conditions of CrPC Section 438(2) and BNSS Section 482. The court also permitted the informant and landlord to file a separate case against the builder for the illegal construction that caused the parking dispute.
Issues considered
- Whether the petitioners are entitled to bail pending trial in the criminal case under the listed sections of the Bihar Negotiable Securities Act.
- Whether the petitioners were falsely implicated and the dispute is attributable to the builder’s illegal construction.
Legislation cited
- Bihar Negotiable Securities Act — s. 115(2), 126(2), 303(2), 308(3), 316(2), 318(4), 3(5), 351(2), 351(3), 352, 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- Criminal Procedure Code
- Bihar Negotiable Securities Act
- illegal construction
- parking dispute
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27894 of 2025
Arising Out of PS. Case No.-1499 Year-2024 Thana- PHULWARISHARIF District- Patna
======================================================
1. Akhtar Ali Son of Late Gaffar Ali village- Saywam Apartment Ranipur
Road, Alwa colony, Near Pakuri Factory, Po and PS -Phulwarisharif District
-Patna
2. Arshad Ali son of Late Gaffar Ali village- Saywam Apartment Ranipur
Road, Alwa colony, Near Pakuri Factory, Po and PS -Phulwarisharif District
-Patna
3. Md. Mushtakim son of Late Md. Tahir Hajam village- Saywam Apartment
Ranipur Road, Alwa colony, Near Pakuri Factory, Po and PS -Phulwarisharif
District -Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Md. Salam Iraqui Son of Md. Sattar village- kankarbagh Main Road, Ward
no. 25, Ps- Kankarbagh, Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar Sharma
For the Opposite Party/s : Mr.Jharkhandi Upadhyay
For the Informant : Mr. Jivitesh Sisodia
Ms. Nishka Paswan
Ms. Kamya Thakur
Ms. Shahrukh Iraqi
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 27-02-2026 Heard the parties.
2. Pursuant to the orders of this Court the SHO,
Phulwarisharif Police Station has appeared but the builder has
not appeared.
3. The petitioners apprehend his arrest in
connection with Phulwarisharif P.S. Case No. 1499 of 2024
registered for the offence under Section 126(2), 115(2), 303(2),
Patna High Court CR. MISC. No.27894 of 2025(7) dt.27-02-2026
2/3
308(3), 318(4), 316(2), 352, 351(2), 351(3), 3(5) of the BNS.
4. As per the prosecution case, the allegation
against the petitioners is that they are not giving the car park to
the informant.
5. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. He further submits that the
informant is the purchaser from the original allottee and it is the
builder, who has construction illegal floor and because of the
same, the present dispute has arisen. He next submits that the
whole confusion has been created by the builder and not the
petitioners.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-IV, Patna/concerned Court below in
connection with Phulwarisharif P.S. Case No. 1499 of 2024,
subject to the conditions laid down in Section 438(2) of the
Patna High Court CR. MISC. No.27894 of 2025(7) dt.27-02-2026
3/3
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
8. The informant and the landlord are given liberty to
file a case against the builder for making illegal construction
and selling the flats because of which the parking dispute has
arisen.
(Sandeep Kumar, J)
Vikas/-
U
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