Patna High Court
Shagufta YasminversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, given the nature of the dispute, the petitioners' clean antecedent and the substantial delay in filing the FIR, bail should be granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Shagufta Yasmin, Shaista Shaheen and Ghufran Ali Khan, sought bail after being implicated in a case registered under sections 419, 420, 467, 468, 471 and 120(B) of the IPC for allegedly colluding to declare an informant dead and fraudulently acquire her land. They contended that they were bona‑fide purchasers, having executed a registered sale deed in 2013 and that a title suit concerning the same land was already pending. The FIR was lodged in 2023 for an alleged offence that occurred in 2013, a delay of ten years which they argued rendered the prosecution doubtful. The State opposed bail, but the court, noting the civil nature of the land dispute, the petitioners' clean antecedent and the long delay, exercised its inherent powers under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and ordered bail on a bond of Rs.10,000 with two sureties. The bail was conditioned on surrender within eight weeks and compliance with the magistrate’s directions.
Issues considered
- Whether bail can be granted to the petitioners despite charges under sections 419, 420, 467, 468, 471 and 120(B) IPC.
- Whether the ten‑year delay in lodging the FIR defeats the prosecution’s case.
- Whether the matter is essentially a civil land dispute warranting the exercise of inherent powers under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 120(B), 419, 420, 467, 468, 471
Subjects
- bail
- land dispute
- fraud
- forgery
- cheating
- IPC
- Section 482
- civil dispute
- delay in FIR
- inherent jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3097 of 2026
Arising Out of PS. Case No.-282 Year-2023 Thana- IMAMGANJ District- Gaya
======================================================
1 . Shagufta Yasmin D/o Khalik Khan R/o Vill. - Pakardih, P.S and P.O -
Imamganj, Dist. - Gaya.
2. Shaista Shaheen Wife of Ashraf Ali Fatmi R/o Vill. - Khajuriya, P.S and P.O
- Bankebazar, Dist. - Gaya.
3. Ghufran Ali Khan Son of Asmat Bari Khan R/o Vill. - Khajuriya, P.S and
P.O - Bankebazar, Dist. - Gaya.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Adil Abbas , Advocate
Md. Rashid Izhar , Advocate
Mr. Vishal Kumar sharma, Advocate
Mr. Syed Mohammad Ibrahim Quli , Advocate
For the Opposite Party/s : Mr. Harendra Prasad , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 419, 420,467, 468 ,
471 and 120 ( B ) of IPC .
3 . As per the prosecution case , informant namely,
Nafisa Khatoon alleged that co-accused Kumar Nath who was
Revenue clerk , at the relevant time in collusion with other co-
accused persons including these petitioners declared the
informant dead and projected one Bunni Begum as her daughter
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and mutated the land of the informant, in her name .
4. Learned counsel for the petitioner submitted that
petitioners are bonafide purchaser of the land in question , and
purchased after paymentof due consideration amount. Upon
title , possession and rightful claim over the said land by one
Bunni Begum and husband of one Asfiya Begum namely ,
Afaque Khan , these petitioners became ready to purchase the
land upon payment of due consideration amount of market value
upon which the vendors of these petitioners became ready . It is
further submitted that upon such agreement, due consideration
amount was transferred and paid to Bunni Begum and Afaqur
Khan , the sale deed dated 11.02.2013 was executed bearing
Registration No. 955 , Book No. 1 , Volume No. 13 from page
No. 179 to 189 was registered validly and bonafidely . It is
further submitted that Title suit No. 49 of 2017 is already
pending between the parties, in the Court of Sub Judge – I ,
Sherghati ( Gaya) for the same piece of land. The present F.I.R.
has been lodged in the year 2023, i. e ,. on 13.11.2023 for the
occurrence of 12.03.2013 , after the delay of 10 years which
itself makes the entire prosecution doubtful against these
petitioners. Petitioners claim clean antecedent.
5 . Learned counsel for the State opposed the bail
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petition .
6 Considering the nature of dispute , clean antecedent
of the petitioner and other circumstances of the case , in the
event of arrest or surrender within eight weeks from today, let
the petitioners, as named above, be enlarged on bail on
furnishing bail bond of Rs.10,000/-(ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate Gaya in connection with Imamganj
P.S. Case No. 282 of 2023 , subject to the conditions laid
down under section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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