Patna High Court
Md. Quamrul Hoda @ Quamrul Hoda @ Md. Kamrul HudaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, subject to bond and surety conditions, considering the vague allegations and similar bail orders to co‑accused.
Summary
The petitioner, a former Circle Inspector, was implicated in a 2018 case (Raniganj P.S. Case No. 321) for alleged land mutation offences under several IPC sections, including fraud and cheating. The prosecution alleged that he, along with co‑accused, mutated land in the name of a person without any title. The petitioner contended that the FIR was fabricated, the mutation was lawfully done under Section 48(D) of the Bihar Tenancy Act, and he had no role in the order; he also highlighted that similarly situated co‑accused had been granted anticipatory bail. The court noted the vague and doubtful nature of the allegations and the precedent of bail to co‑accused, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the Bihar Negotiable Sale and Settlement Act. The order required the petitioner to appear as directed by the trial court.
Issues considered
- Whether the petitioner, a former Circle Inspector, should be granted bail in view of the allegations of land mutation offences under the IPC.
- Whether the allegations against the petitioner are sufficiently specific and credible to deny bail.
Legislation cited
- Bihar Tenancy Act — s. 48(D)
Subjects
- bail
- anticipatory bail
- land mutation
- IPC sections 420, 406, 467, 468, 471, 120B
- Section 48(D) Bihar Tenancy Act
- Section 482(2) Bihar Negotiable Sale and Settlement Act
- false implication
- police officer
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28714 of 2026
Arising Out of PS. Case No.-321 Year-2018 Thana- RANIGANJ District- Araria
======================================================
Md. Quamrul Hoda @ Quamrul Hoda @ Md. Kamrul Huda S/o Late Taj
Uddin Ahmad Resident of village - Ward no. 2 Sir Saiyad Colony, Islam
Nagar, Araria, P.S and District - Araria, the then Circle Inspector, Raniganj
Circle, P.S - Raniganj, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr.Anil Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Raniganj P.S. Case
No. 321 of 2018 registered for the offences under Sections 420,
406, 467, 468, 471, 120B of the Indian Penal Code.
3. As per prosecution case, the allegation against
the petitioner is that being Circle Inspector in Circle Office,
Raniganj he along other co-accused persons mutated the land of
the complainant/informant in the name of a person who was not
having any right or title over the said land.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.28714 of 2026(2) dt.01-05-2026
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case. The informant has not mentioned the date of occurrence
and the story as alleged in the FIR is completely concocted. The
orders have been passed in favour of co-accused Ramlal Mandal
under the provisions of Section 48(D) of the B.T. Act by the
authority concerned as the land was found in the possession of
said Ramlal Mandal. Based on this fact mutation was done in
his name and no illegality has been committed. The informant
with a view to put pressure upon the co-accused and to grab the
land of co-accused has falsely implicated the petitioner and
other co-accused persons. Learned counsel further submits that
the petitioner was Circle Inspector during the period concerned
and he was not involved in passing the order under Section
48(D) of B.T. Act. However, similarly placed co-accused
persons, namely Vishwanath Singh, Ramlal Mandal, Bikash
Kumar Mandal and Satyendra Narayan Singh have been granted
anticipatory bail by different Co-ordinate Benches vide orders
dated 17.12.2018, 16.10.2019, 27.02.2020, 15.03.2024 and
17.02.2026 passed in Cr. Misc. Nos. 75438 of 2018, 61420 of
2019, 2205 of 2020 and 7367 of 2026, respectively. The
petitioner has got no criminal antecedent.
5. Learned APP opposes the submission made on
behalf of the petitioner.
Patna High Court CR. MISC. No.28714 of 2026(2) dt.01-05-2026
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6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
vague and doubtful nature of allegation and also considering the
grant of anticipatory bail to similarly placed co-accused persons,
let the petitioner above named, in the event of his arrest or
surrender before the court concerned within a period of eight
weeks from today, be released on bail, on furnishing bail bonds
of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties
of the like amount each to the satisfaction of learned Additional
Chief Judicial Magistrate- 1st, Araria/concerned court in
connection with Raniganj P.S. Case No. 321 of 2018, subject to
the condition as laid down under Section 482(2) of the B.N.S.S.
and other following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
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