Patna High Court
Shekh JafarullahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail should be granted to the petitioners pending trial, subject to a bond and sureties, exercising its discretion under Section 482 BNSS and Section 438(2) CrPC.
Summary
The petitioners, six residents of Kathan village in East Champaran, feared arrest in a criminal case (Muffasil P.S. Case No. 02 of 2025) filed under Sections 318(4), 338, 336(3), 336(4) and 61(2) of the Bharatiya Nyaya Sanhita, alleging they had sold land belonging to an informant. They contended that the original sale deed was mistakenly executed and that a rectification deed had subsequently been executed to correct the error. The informant’s counsel was unable to comment on the rectification deed. The High Court examined whether the alleged mistake and subsequent rectification affected the criminal liability and whether bail was appropriate pending trial. Relying on the discretion conferred by Section 482 of the BNSS and Section 438(2) of the CrPC, the Court allowed the bail application. Consequently, the petitioners were ordered to be released on bail with a bond of Rs 10,000 each, secured by two sureties, if arrested within six weeks.
Issues considered
- Whether the petitioners are entitled to bail pending trial in a case instituted under Sections 318(4), 338, 336(3), 336(4) and 61(2) of the Bharatiya Nyaya Sanhita.
- Whether the execution of a rectification deed negates or mitigates the alleged offence of selling land belonging to the informant.
- Whether the discretion under Section 482 of the BNSS and Section 438(2) of the CrPC can be exercised to grant bail in the present circumstances.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 318(4), 336(3), 336(4), 338, 61(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- land sale dispute
- rectification deed
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- Section 438
- High Court of Patna
- East Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29792 of 2025
Arising Out of PS. Case No.-2 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
1. Shekh Jafarullah Son of Shekh Md. Isha @ Shekh Mohammad Isha Resident
of village -kathan Ps- Muffasil, Dist- East Champaran
2. Shekh Atiullah @ Shekh Watiullah Son of Shekh Md. Isha @ Shekh
Mohammad Isha Resident of village -kathan Ps- Muffasil, Dist- East
Champaran
3. Md. Kalimullah Son of Shekh Md. Isha @ Shekh Mohammad Isha Resident
of village -kathan Ps- Muffasil, Dist- East Champaran
4. Md. Amanullah Son of Shekh Md. Isha @ Shekh Mohammad Isha Resident
of village -kathan Ps- Muffasil, Dist- East Champaran
5. Md. Samiullah Son of Shekh Md. Isha @ Shekh Mohammad Isha Resident
of village -kathan Ps- Muffasil, Dist- East Champaran
6. Arshe Azam Son of Abdul Maruf Resident of village -kathan Ps- Muffasil,
Dist- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shekh Saddam Hussain Son of Shekh Safayat Hussain @ Lal Babu village-
Shekh toli Gulriya, ps- Muffasil, Dist- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the State : Mr.Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 17-02-2026 Heard learned counsel for the petitioners; learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend arrest in connection
with Muffasil P.S. Case No. 02 of 2025 instituted under
Sections 318(4)/ 338/336(3)/ 336(4) and 61(2) of the Bharatiya
Nyaya Sanhita.
3. The allegation is that the petitioners had sold the
Patna High Court CR. MISC. No.29792 of 2025(6) dt.17-02-2026
2/2
land belonging to the informant.
4. Learned counsel for the petitioners submits that
there was a mistake in the execution of sale deed and realizing
the same, the rectification deed was executed which is part of
this petition.
5. Learned counsel for the informant seems lost as he
has no instruction with regard to the rectification deed.
6. Considering the aforesaid facts, this application is
allowed.
7. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioners, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Motihari, East Champaran/ concerned Court
in connection with Muffasil P.S. Case No. 02 of 2025, subject to
the conditions laid down in Section 482 of the BNSS/ 438(2) of
the Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
Checking your session…